DHS issues temporary 540-day auto extension for EADs

Employment-based immigration programs have become increasingly prevalent as labor shortages continue to plague employers throughout the United States. Employers who are dependent on such programs have been provided support in the form of a temporary increase in automatic extensions to employment authorization documents (EADs).

Temporary increases

In May 2022, the U.S. Department of Homeland Security (DHS) issued a temporary final rule extending the automatic extension period granted to individuals who timely file their Form I-765 renewal application from up to 180 days to up to 540 days. The temporary change was issued because of a serious backlog that has proliferated within the U.S. Citizenship and Immigration Services (USCIS).

The current backlog within USCIS stems from COVID-19 difficulties and an increase in I-765 filings. Increases in filings are partly the result of the increase in dependency on employment-based immigration programs that regularly employ foreign nationals by way of EADs. The documents expire after a specified time, so the automatic 180-day extension period allows foreign nationals to continue to work past their EADs’ expiration date as USCIS processes their I-765 renewal request.

Increases in I-765 filings coupled with COVID-19 issues within USCIS lead to the agency’s failure to process the applications within the 180-day automatic extension period. As a result, applicants who filed an I-765 lost their jobs as their EADs expired.