USCIS Increases EAD Automatic Extension to 540 Days

USCIS announced on May 3, 2022 that a Temporary Final Rule (TFR) automatically extending EAD validity for renewals from 180 to 540 days was implemented effective tomorrow, May 4, 2022 through extensions filed before October 27, 2023. The TFR states that certain persons who have timely filed an EAD extension will automatically receive a 540 day extension. Included in the list are our clients in category (c)(9) who have filed an Adjustment of Status based on an I-140 approval or filing. The standard 180 day extension was increased by 360 days to a total of 540. The reason for implementing the rule is the fact that EAD applications and renewals are not being processed in a timely manner. TFR documented that the number of EAD applications and extensions have increased considerably while at the same time the number of cases processed decreased significantly during the pandemic.


It is important to note that this only applies to EAD extensions. I have long advocated that this was a simple solution and while it would have been beneficial for many to have had it implemented much sooner, it is very welcome news and beneficial to those who are currently waiting on their EAD extensions or planning on filing their extensions soon. If you have an extension pending you should provide a copy of the USCIS announcement along with your I-765 receipt notice to your employer to document that you are maintaining valid work status.

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