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articles

USCIS Extends Certain Automatic EAD Extensions

April 5, 2024

Introduction:

The Employment Authorization Document (EAD), commonly known as a work permit, is a crucial document issued by the United States Citizenship and Immigration Services (USCIS). This document grants individuals the legal right to work in the United States for a specified period. Understanding the nuances of the EAD, including recent updates and eligibility criteria, is vital for employers and foreign nationals alike.

On April 4, 2024, USCIS announced a temporary final rule (TFR) that extends the automatic EAD extensions for certain categories of individuals from up to 180 days to up to 540 days. This extension aims to alleviate processing delays and provide continuity of employment authorization for eligible applicants.

Eligibility Criteria for Extended EAD

The 540-day auto-extension applies to individuals who meet the following criteria:

  • Filed Form I-765 renewal applications on or after October 27, 2023, and are pending as of April 8, 2024.
  • File EAD renewal applications between April 8, 2024, and September 30, 2025.

Categories Eligible for 540-Day Auto-Extension:

The extended auto-extension applies to various categories, including but not limited to:

  • Adjustment of Status (C09)
  • Temporary Protected Status (TPS) (A12 or C19)
  • Refugees and Asylees (A3 and A5)
  • Spouses of certain nonimmigrant visa holders (E, L, H-4)

Employer Responsibilities:

Employers play a crucial role in verifying the authenticity of EADs during the employment verification process. While examining the EAD, employers should look for specific security features, including holograms, microprinting, and bar codes, to ensure the document's legitimacy.

Conclusion:

Understanding the Employment Authorization Document (EAD) is essential for both employers and foreign nationals navigating the U.S. immigration system. Recent updates, such as the extended auto-extension period, aim to streamline processes and provide relief to eligible applicants. By staying informed about EAD regulations and requirements, employers can fulfill their obligations while supporting a diverse workforce.

Should you have any questions or require personalized guidance regarding EADs or immigration matters, don't hesitate to schedule a consultation with us