Are you worried about your employment authorization or the validity of your EADs because of lengthy processing times? On May 3, 2022, the US Citizenship and Immigration Services (USCIS) announced a TFR (Temporary Final Rule) that increases the automatic extension period for EADs (Employment Authorization Documents) and employment authorization. This extension is available to certain renewal applicants for up to 540 days. It hopes to prevent the gaps in employment for non-citizens with pending EAD renewals and stabilize US employers’ continuity of operations.
Why an increase?
The USCIS found that the previous 180-day automatic extension was insufficient for employment authorization given the pending EAD caseloads. So it implemented the temporary rule to help eligible non-citizens maintain employment and deliver critical support for their families while preventing disruptions for US employers.
For years, the financial situation of the USCIS has been unsure, resulting in the inefficient completion of caseloads. It worsened because of COVID-19 in 2020 and the hiring freeze and furlough threat that led to severely reduced capacity and workforce attrition. In 2021, there was a sudden and dramatic boost in EAD renewal and initial filings, which overwhelmed the USCIS before it could recover from the operational and fiscal impacts.
Who is affected?
The TFR applies only to those with EAD categories that are currently eligible for the automatic 180-day extension. With this new rule, they will get up to 360 days of the extra automatic extension time, totaling 540 days. They have to ensure the timely filing of their Form I-765 renewal applications.
USCIS hopes that the TFR can help with staffing shortages and implement more efficiencies while allowing them to meet Director Jaddou’s goal to achieve a three-month cycle time for EADs by the end of the Fiscal Year 2023.
If you have questions about your EAD or employment authorization, consider consulting an immigration lawyer in NYC. A seasoned immigration lawyer in New York can also address other employment visa concerns you may have.
