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ARTICLE · 13 MAY 2022

What USCIS' EAD Automatic Extension Increase Means For Your Employees

Dinsmore & Shohl LLP
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On May 4, 2022, U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for certain Employment Authorization Document (EAD)...

United StatesImmigration
Jazmin E. Harris
Jazmin E. Harris
Katie P. Jacob
Katie P. Jacob

On May 4, 2022, U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for certain Employment Authorization Document (EAD) categories up to 540 days, effective immediately and valid through Oct. 15, 2025.

Historically, certain EAD categories were only eligible for an extension up to 180 days. The TFR will help avoid employment gaps for foreign nationals with pending EAD applications.

What does the Temporary Final Rule mean for your employees?

  • If an employee's automatic extension lapsed prior to May 4, 2022, the employment authorization automatically resumed, and the EAD validity period began on May 4, 2022 and will continue up to 540 days from the expiration of the EAD card.

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