DHS increases automatic extension of work authorizations for certain people | Jackson Lewis CP
Effective May 4, 2022, the Department of Homeland Security (DHS) is increasing the automatic work authorization extension from 180 days to 540 days for certain individuals.
Currently, certain individuals whose employment authorization documents (EADs) expire may continue to work for an additional 180 days as long as they timely submit a replacement EAD and receive notice of receipt, I-797C, in the same employment eligibility category. Given that actual processing times for replacement EADs are currently 11.6 months, a significant number of employees do not receive their replacement EAD within the 180-day period and cannot legally continue to work. This DHS rule change, effective May 4, will extend the 180-day period to 540 days from the card’s expiration date.
Applicants who are already eligible for 180-day extensions are also eligible for the new 540-day extension beyond the expiration date of their EADs. Categories include persons with pending adjustment of status applications, spouses of E, L, and H visa holders (with unexpired Form I-94, arrival/departure records), applicants asylum seekers and people with temporary protected status who may also be eligible. for some automatic country extensions.
To be eligible, applicants must also continue to:
- Have currently pending EAD renewal applications that were filed on time (even if the person’s 180-day extension has already expired); or
- Timely file an EAD renewal application between May 4, 2022 and October 26, 2023.
For those already in an authorization gap, employment authorization will resume on May 4, 2022 and will continue for up to 540 days from the EAD expiration date. Unfortunately, the new rule does not remedy any unauthorized employment that may have accrued prior to May 4, 2022.
After May 4, 2022, to complete an Employment Authorization Verification Form I-9 for a person entitled to the new 540-day extension, the person must present the receipt notice indicating a filed EAD renewal. in a timely manner in the same category as the expired EAD. DHS will update its webpage with information about the 540-day extension. He will recommend that a copy of the webpage be attached to the I-9. If a person was terminated because their 180-day extension expired, the employer can recheck or re-verify Form I-9.
In the new rule, DHS outlines all the reasons for the arrears, including tax issues, personnel issues, increased filings, and the COVID-19 pandemic. DHS says it hopes that by the time the rule’s provisions expire, processing times will have returned to more normal levels — the agency’s 90-day processing goal.