EAD Auto-Extension Regulation Clears Federal Review

A U.S. Citizenship and Immigration Services (USCIS) final rule that would temporarily increase the automatic extension period of employment authorization documents for certain renewal applicants has cleared the Office of Management and Budget, putting it closer to publication and implementation. The specific contents of the final rule are not yet known, but could temporarily lengthen the automatic 180-day extension of work authorization currently granted to foreign nationals who have filed a timely Form I-765 to renew certain categories of employment authorization. The rule should soon be published in the Federal Register and will take effect according to the timeline set forth in the rule.

The issue

A U.S. Citizenship and Immigration Services (USCIS) final regulation that would temporarily increase the automatic extension period of employment authorization for certain renewal applicants has been approved by the Office of Management and Budget (OMB), putting it a step closer to publication and implementation. The rule will next be published in the Federal Register and take effect according to the timeline detailed in the regulation.

The contents of the final regulation are not yet known and will remain confidential until released for publication in the Federal Register, but the rule could temporarily increase the automatic 180-day extension of work authorization currently granted to foreign nationals who have filed a timely Form I-765 application to renew certain categories of employment authorization documents (EAD). Renewal applicants currently eligible for the 180-day EAD auto-extension include those who have filed renewal EAD applications in connection with adjustment of status applications as well as individuals in refugee or asylee categories, among others.

The rule comes at a time when USCIS is facing crisis-level application backlogs. The agency has publicly stated that Forms I-765 are the highest volume application received by the agency, and the new EAD auto-extension final rule is aimed at reducing existing EAD application backlogs.

The rule will soon be published in the Federal Register. An advance copy should be released just prior to publication, which will set forth the details of the temporary change in EAD auto-extension rules.

What it means

There is no immediate change to EAD auto-extension periods at this time. Once the rule is published and takes effect, certain individuals working pursuant to an EAD who have a timely filed renewal application on file with USCIS may see changes that could minimize or eliminate existing or potential gaps in work authorization.