Maria Sacchetti, Washington Post, Dec. 8, 2023 "A federal judge in San Diego on Friday approved a settlement that prohibits U.S. officials from separating migrant families for crossing the U.S....
USCIS, Dec. 8, 2023 "The employment-based (EB) annual limit for fiscal year (FY) 2024 will be higher than was typical before the pandemic, though lower than in FY 2021-2023. We are dedicated to...
Elliot Spagat, Associated Press, Dec. 8, 2023 "A federal judge was poised Friday to prohibit separation of families at the border for purposes of deterring immigration for eight years, preemptively...
In an unpublished decision dated Dec. 4, 2023 a panel of the Ninth Circuit remanded for a new hearing. The facts are stunning...unless you practice immigration law: "Because Lead Petitioner credibly...
This document is scheduled to be published in the Federal Register on 12/07/2023 "The Department of State (“Department”) is amending its regulation governing immigrant visas by removing...
USCIS, Oct. 27, 2023
"Certain renewal applicants who have filed Form I-765, Application for Employment Authorization, qualify for an automatic extension of their expiring employment authorization and/or employment authorization documents (EADs) while their renewal application is pending. Starting today, those who are eligible will receive 180-day extensions in accordance with existing regulations, including those who have applied for or have received Temporary Protected Status or asylum.
In May 2022, however, USCIS announced a temporary final rule (TFR) that increased the automatic extension period for EADs available to certain EAD renewal applicants from up to 180 days to up to 540 days. Today’s change is not retroactive; all previous up to 540-day automatic extensions will remain in place.
USCIS is in the process of determining whether there is a need for a new regulatory action similar to the May 2022 TFR, notwithstanding past and ongoing operational improvements and efforts to accelerate EAD processing more broadly.
As announced in the 2022 TFR, automatic extensions of employment authorization and EAD validity will be the original up to 180-day period for those eligible applicants who timely file a Form I-765 renewal applications on or after Oct. 27, 2023.
For individuals who received an increased automatic extension period under the TFR, the increased automatic extension will end when they receive a final decision on their renewal application or when the up to 540-day period expires (counted from the expiration date of the employment authorization and/or their EAD), whichever comes earlier.
Meanwhile, USCIS recently published a Policy Manual update increasing the maximum EAD validity period to five years for initial and renewal applications approved on or after Sept. 27, 2023, for the following categories:
USCIS is making every effort to help avoid gaps in employment and/or employment authorization documentation for noncitizens with pending EAD renewal applications, and to help reduce EAD processing times, including by dedicating additional personnel and implementing processing improvements to decrease the median processing time for certain EAD applications to 30 days.
USCIS remains committed to reducing EAD processing times and preventing undue expiration of timely-renewed EADs. For more information, visit our Automatic Employment Authorization Document Extension page."