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ARTICLE · 03 JULY 2025

Update: USCIS Expands Eligibility For 540-Day EAD Extension

Seyfarth Shaw LLP
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After reaching out to both U.S. Citizenship and Immigration Services (USCIS) and the Department of Justice's Immigrant and Employee Rights Section (IER) for clarification...

United StatesImmigration
Dawn Lurie
Dawn Lurie
Alexander Madrak
Alexander Madrak
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After reaching out to both U.S. Citizenship and Immigration Services (USCIS) and the Department of Justice's Immigrant and Employee Rights Section (IER) for clarification, we learned that USCIS issued an update to its guidance regarding application of the 540-day automatic extension for certain TPS Venezuela recipients under the 2023 designation that permits them to continue working.

USCIS has now adopted a broader interpretation that more closely aligns with the May 30 court order. The revised guidance states:

"This includes TPS-related EADs with a 'Card Expires' date of April 2, 2025, when combined with a Notice of Action indicating the Form I-765 renewal application was received on or before February 5, 2025, that automatically extends employment authorization and EADs for up to 540 days from the date on the face of their EADs. All TPS-related documentation with a validity date of October 2, 2026, received after February 5, 2025, is no longer valid and those

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