USCIS Has Published a Temporary Final Rule (TFR)


In May 2022, USCIS published a Temporary Final Rule (TFR) intended to address the problem of gaps in employment authorization caused by growing delays in its processing of Forms I-765, Application for Employment Authorization.  The TFR temporarily increased the period of automatic extension of employment authorization for certain types of Employment Authorization Document (EAD) renewal requests from 180 days to 540 days.  

The TFR that was published more than a year ago is set to expire on October 26, 2023, meaning that certain applicants requesting renewal of employment authorization after that date may only be eligible for an automatic extension of 180 days.  

With I-765 processing times still taking more than 180 days in some cases, those with approaching EAD expiration dates should determine whether they would be affected by the expiration of the TFR and plan the timing of their EAD renewal requests carefully in order to minimize the potential impact of having their employment authorization interrupted by ongoing delays in USCIS's processing of Forms I-765.

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