In light of the backlog USCIS has for EAD processing, USCIS announced a Temporary Final Rule allowing for an additional 360 day automatic extension for those EAD categories that receive a 180 day automatic extension (a total of 540 days).

This rule is effective on May 4, 2022 and continues through October 26, 2023, meaning no new 540 day automatic extensions will be allowed after October 26, 2023. There has not been an expansion of which categories are allowed to get the automatic extension nor has there been any relief as to the qualifications for the automatic extension. USCIS’ has published a list of which categories qualify for automatic extensions: https://www.uscis.gov/eadautoextend.

This rule will bring significant change for those with pending adjustment of status who have filed an extension (not an original) C9 EAD. However, note, this does not offer any benefit to pending advance parole applications. For those with H-4 EAD extension applications pending, you will still need your H-4 I-94 to be extended in order to qualify for this automatic extension. Note, this regulation does not apply to any first time EAD applications.

The full regulation can be found here: https://public-inspection.federalregister.gov/2022-09539.pdf

If you have questions about your eligibility to take advantage of this temporary regulation or to discuss strategies on how you may be able to plan to utilize these expanded extensions, please consult a qualified immigration attorney.

By : Steven Brown

Steven Brown is a Partner at Reddy Neumann Brown PC where he works in the Non-immigrant visa department and leads the Litigation Team. His practice covers all phases of the non-immigration visa process including filing H-1B, L-1, E-3, H-4, and H-4 EAD petitions. In the last two years, Steven has successfully handled over 1,000 non-immigrant visa petitions including filing petitions, responding to any necessary Requests for Evidence, and drafting motions and appeals. He has also become a key resource for F-1 students that seek guidance on properly complying with the F-1 visa regulations and any OPT or CPT issues they may have. Additionally, Steven holds a weekly conference call for companies that are part of one of the largest organizations for IT Services companies in America.