For several years, the United States Citizenship and Immigration Services (USCIS) has been in an unstable financial operation due to the impact of the new crown epidemic and labor turnover, which has greatly affected the effective completion of document approval. An EAD card is an authorized employment card that USCIS approves for people from other countries to work legally in the United States, also known as an employment card. However, during this special period, the applications and renewal applications for EAD work cards have suddenly increased sharply…

But judging from the application data at the beginning of this year, USCIS has a backlog of about 740,000 EAD applications. Therefore, in order to reduce the backlog of document applications, the Immigration Bureau has further expanded the expedited processing of certain document applications, that is, applicants can receive documents earlier by paying a higher expedited fee, but the effect does not seem to have worked.

Effective immediately, USCIS announced a new interim final rule (TFR) extending the automatic extension of the EAD Card available to certain EAD renewal applicants to 540 days.

It is understood that as early as November last year, the USCIS announced that the time for the automatic extension of eligible applicants after submitting the I-765 work card extension application was set at 180 days, and now it has increased to 540 days, nearly a year. half the time!

The rule, effective immediately on May 4, 2022, will help avoid job gaps in non-citizen EAD work card renewal applications and stabilize operational continuity for U.S. employers.

The new 540-day extension applies to a wide range of people. In theory, it can be applied as long as you have a work card! Includes the following:

  • asylum and asylum seekers
  • refugee
  • green card applicant
  • Temporary Protection Status Beneficiary
  • Spouse of some work visa holders, such as H-4 (H-1B spouse) and L-2 (L-1 spouse), etc.

However, this rule is limited to applicants whose I-765 work card extension petitions were filed before May 4 and whose 180-day extension has expired but has not exceeded 540 days. Any applicant applying for an EAD work card extension after May 4 is not eligible!

But it is worth noting that although the work card can continue to work legally in the United States for 540 days after the expiration of the work card, the work card and the travel permit are of two natures.

Therefore, applicants with expired work cards cannot leave the United States during the extended period of formal approval without obtaining the extension of the work card, otherwise they will not be able to enter the United States!

In addition, this rule will officially end on October 27, 2023, and for eligible applicants who submit their Form I-765 renewal petitions in a timely manner, the automatic extension of employment authorization and EAD work cards will once again be valid for 180 days!