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ARTICLE · 06 MAY 2022

USCIS Increases Automatic Extension Period Of Employment Authorization Document (EAD) Work Permits For Certain Applicants

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for Employment Authorization Documents (EADs) available to certain EAD renewal applicants.

United StatesImmigration

U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for Employment Authorization Documents (EADs) available to certain EAD renewal applicants. The TFR, which takes effect immediately on May 4, 2022, applies to EAD renewal applications filed on or before October 26, 2023, including those applications which were filed prior to May 4. The rule is limited to those EAD categories that were previously eligible for an automatic 180-day extension. Under the temporary rule, USCIS has increased the automatic 180-day extension by up to 360 days, for a total of up to 540 days.

Background

USCIS allows foreign nationals in a number of different statuses to apply for EADs. Historically, processing times for an EAD application were roughly three months. Over the past several years, USCIS processing has slowed dramatically, and it often takes over one year for USCIS to issue an EAD card. This delay

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