New USCIS rule automatically extends work permits for some non-citizens for up to 540 days –


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United States Citizenship and Immigration Services (“USCIS”) has announced a Temporary final rule which will automatically extend the period of Employment Authorization up to 540 days beyond the expiration date of the Employment Authorization Document (“EAD”) of certain non-nationals who have timely filed for renew their EAD. The automatic extension ends either upon notification of a final decision on the renewal request or at the end of the 540-day period, whichever comes first. This new rule comes into effect on May 4, 2022 and applies to certain categories of EADs that were already eligible for a 180 day extension while their EAD renewal application was pending. This essentially adds an additional automatic 360-day extension to the previous 180-day extension that was granted.

For anyone who filed an EAD renewal application on time and whose automatic 180-day extension under the old rule has already expired, they now have an automatic extension up to 540 days from the expiry date of his EAD, starting May 4, 2022. .

This temporary final rule is set to expire on October 27, 2023, at which time automatic EAD extensions will revert to the old rule of a 180-day automatic extension.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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