On October 27, the U.S. Citizenship and Immigration Services (USCIS) announced that certain renewal applicants for Employment Authorization Documents (EADs) may now qualify for automatic extensions of their expiring work authorization while their renewal applications are under review. Eligible applicants will automatically receive up to 180 days of extended work authorization, including individuals with Temporary Protected Status (TPS) or pending asylum applications.
Background on the Policy Update
In May 2022, USCIS implemented a Temporary Final Rule (TFR) that increased the automatic extension period for specific EAD renewal applicants from 180 days to 540 days. The new policy update announced in October 2023 is not retroactive—any extensions already granted under the 2022 rule will remain valid for their full 540-day duration.
Despite earlier reforms to accelerate EAD processing, USCIS has stated that it is evaluating whether another regulatory measure—similar to the 2022 TFR—may be necessary to further streamline renewal timelines and minimize employment disruptions for eligible applicants.
Automatic Extension for Employment Authorization Renewals
The automatic extension applies to applicants who submit Form I-765 (Application for Employment Authorization) on or after October 27, 2023. Under the original 2022 TFR framework, the automatic extension remains in effect until USCIS issues a final decision on the renewal request or the 540-day extension period expires, whichever occurs first. The extension period is calculated from the expiration date listed on the applicant’s current EAD.
Five-Year Validity for Certain EAD Categories
In addition, USCIS has updated its Policy Manual to extend the maximum EAD validity period to five years for both initial and renewal applications approved on or after September 27, 2023. This update applies to:
- Noncitizens authorized to work due to their immigration status or circumstances, including those admitted as refugees, paroled as refugees, granted asylum, or granted withholding of removal.
- Noncitizens who must apply for employment authorization, such as asylum applicants, individuals seeking withholding of removal, and those applying for adjustment of status, suspension of deportation, or cancellation of removal.
USCIS Commitment to Reducing Processing Delays
USCIS has reaffirmed its commitment to reducing employment gaps and ensuring continuity of work authorization for noncitizens awaiting EAD renewals. The agency continues to invest in personnel expansion and process improvements designed to cut median EAD processing times to 30 days for certain categories.
If you are uncertain how these policy changes may affect your work authorization, pending application, or immigration status, it is highly recommended to schedule a consultation with an immigration attorney at Green Card Link. The experienced immigration attorneys at Green Card Link can help you understand your eligibility, prepare the necessary documentation, and ensure timely filing to maintain uninterrupted employment authorization.