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Automatic extension period for certain employment authorizations increased

06/02/2022

Author: ADP Admin/Friday, May 27, 2022/Categories: Bulletin News, Compliance Corner , Federal Compliance Update

U.S. Citizenship and Immigration Services (USCIS) has announced that the automatic extension period for certain employment authorizations and employment authorization documents (EADs) has been temporarily increased from 180 days to 540 days. The extension period is provided to certain renewal applicants to help prevent gaps in employment authorization due to delays in processing.

The Details:

To be eligible for the extension of up to 540 days from the expiration date stated on their current EADs, individuals must:

·       Have timely filed an application to renew their employment authorization and/or EAD on Form I-765 (Application for Employment Authorization) before the EAD expires, and their Form I-765 EAD renewal application remains pending.

·       Have been issued a Form I-797C (Notice of Action) issued for the corresponding Form I-765 EAD renewal application, that states an eligibility category that is the same as the eligibility category stated on the front of the EAD (with limited exceptions)

·       Be within one of the eligibility categories that qualify for the 180-day automatic extension that was previously in place. The eligible categories are published on the USCIS Automatic EAD Extension webpage. 

For eligible renewal applicants, a Form I-797C (Notice of Action) and their expired EAD will serve as acceptable proof of employment authorization and/or EAD validity during the 540-day automatic extension period. 

Note: The employee’s Form I-797C may refer to an automatic EAD extension of 180 days, but when combined with their EAD, it is acceptable evidence of the extension of 540 days, provided that the eligibility requirements above are satisfied.

Next Steps:

  • Review the USCIS guidance and information on automatic extensions.
  • Follow the USCIS guidance on completing/updating an I-9 for new hires and employees who presented an EAD that has been automatically extended.

 

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