Starting on October 26, 2023, United States Citizenship and Immigration Services (USCIS) will revert the automatic extension period for certain renewal applicants of the Employment Authorization Document (EAD) from up to 540 days to its former 180-day duration.
This change is a reversal of the Department of Homeland Security’s (DHS) rule issued on May 4, 2022, which temporarily extended the automatic renewal period for the EAD to address notably prolonged processing times. The rule was initially intended to provide temporary relief for certain renewal applicants during this period of extensive delays.
The EAD, also known as Form I-766, gives non-citizens in the United States the temporary right to work. The original 180-day automatic extension upon filing for renewal aimed to prevent gaps in employment authorization whilst awaiting the EAD renewal adjudication. With the upcoming change back to the traditional 180-day extension window, USCIS is essentially signaling a return to its more typical processing times.
This development holds significant implications for employers, particularly those with a considerable number of foreign national employees reliant on EADs for legal work authorization in the United States. It would be prudent for corporate counsel to review their current workforce and work with relevant stakeholders to assess potential impacts and prepare responsive strategies.
In light of this pending change, EAD renewal applicants and their employers need to be fully aware of the timing considerations involved in the application process. Early filing – traditionally up to 180 days before the expiration of the current EAD – will become paramount to avoid interruptions in employment authorization owing to the revert to the shorter automatic extension period.