Employment authorization policy implemented to ease backlogs set to expire

A temporary policy that provides for longer automatic extensions of some workers’ employment authorization documents is set to end Oct. 26.

‌Key Points:

• In May 2022, U.S. Citizenship and Immigration Services published a Temporary Final Rule that increased the automatic employment authorization extension for certain renewal applicants from up to 180 to up to 540 days.
• The temporary rule is set to expire Oct. 26, 2023.
• Eligible applicants who have already filed or are requesting an employment authorization extension on or before Oct. 26 will continue to be eligible for extensions of up to 540 days; those who file after Oct. 26 will be eligible for extensions of up to 180 days.
• The extension applies to applicants who file Form I-765, Application for Employment Authorization, if they:
  • Properly file Form I-765 for a renewal of their employment authorization and/or EAD before their current EAD expired.
  • Are otherwise eligible for a renewal, i.e., their renewal application is under a category that is eligible for an automatic extension, and the category on their current EAD matches the “Class Requested” listed on Form I-797C, Notice of Action.

BAL Analysis: USCIS implemented the temporary rule in 2022 as part of a package of initiatives to address processing delays and a growing case backlog. At this time, it appears unlikely the temporary rule will be extended. Applicants who are eligible to receive the 540-day extension are encouraged to file their Form I-765 before Oct. 26.

‌This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

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