October 4, 2022

Volume XII, Number 277


October 03, 2022

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New USCIS Rule Automatically Extends Some Noncitizens’ Work Permits for Up to 540 Days

U.S. Citizenship and Immigration Services (“USCIS”) announced a Temporary Final Rule that will automatically extend the period of employment authorization up to 540 days beyond the expiration date of the Employment Authorization Document (“EAD”) of certain noncitizens’ who timely filed to renew their EAD.  The automatic extension ends either upon notification of a final decision on the renewal application or the end of the 540-day period, whichever comes earlier.  This new rule goes into effect May 4, 2022 and applies to certain EAD categories that were already eligible for an automatic 180-day extension while their EAD renewal application was pending.  This essentially adds an additional automatic 360-day extension to the prior 180-day extension that was being granted. 

For anyone who timely filed an EAD renewal application, and the 180-day automatic extension provided under the former rule has already lapsed, they are now granted an automatic extension up to 540 days from the expiration date of their EAD, beginning May 4, 2022. 

This Temporary Final Rule is set to expire on October 27, 2023, on which date the automatic extensions of EADs will revert to the former rule of an automatic 180-day extension. 

Copyright © 2022 Womble Bond Dickinson (US) LLP All Rights Reserved.National Law Review, Volume XII, Number 124

About this Author

Jennifer Cory, Womble Carlyle Law Firm, Charlotte North Carolina, Immigration LawAttorney

Jennifer Cory leads Womble Carlyle Immigration Solutions, which provides management of inbound immigration services for domestic and international employers and investors. Jennifer has practiced immigration law since 1995 and is certified as a Specialist in Immigration Law by the North Carolina State Bar.

Jennifer’s work focuses on employment-based immigrant and nonimmigrant petitions, including, but not limited to, preparation of treaty investor/trader visa applications, H-1B temporary worker petitions and L-...

Susan Ramos  North Carolina WBD Immigration Attorney Consular processing Humanitarian Relief  Workplace Compliance Spanish Speaking
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Susan is an immigration lawyer with over fifteen years of experience assisting individuals, families, and employers in connection with assessing available U.S. immigration options.

Her practice includes preparing and filing individual, family-based, and employment-based petitions, immigrant and nonimmigrant visa applications, and waivers of inadmissibility. She assists with complex consular processing issues, complicated citizenship and naturalization issues, petitions for humanitarian relief, and removal defense. She advises employers regarding worksite compliance, conducting...

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Jeffrey B. Widdison Attorney Immigration Womble Bond Dickinson Charlotte

Jeff Widdison is an immigration attorney that represents clients in employment-based permanent residency cases, consular processing, nonimmigrant visa applications, naturalizations, family-based filings, administrative appeals to the AAO and BIA, employer sanctions, petitions for review with U.S. Circuit Courts, mandamus and APA causes of action filings with U.S. District Courts, and has a wealth of experience in representing clients with removal defense. He has been recognized as a Board Certified Immigration Specialist in Immigration Law by the North Carolina State Bar...