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The Department of Homeland Security (DHS) announced an interim final rule today which will end the 540-day automatic extension of employment authorization documents (EADs) for most noncitizens filing renewal EAD applications on or after October 30.
The interim final rule will take effect on Thursday, Oct. 30, after it is officially filed in the Federal Register, and will impact almost all noncitizens who apply for an EAD renewal on or after that day, reducing their automatic work permit extension from 540 days to 0 days.
Applications filed before Oct. 30 are not impacted and will continue to receive automatic extensions of their employment authorization documents. Additionally, those who are currently working on their 540-day extension are not expected to be impacted.
Impacted categories DO include spouses of principal E and L nonimmigrants (A17 & A18); H-4 nonimmigrants (C26); pending Adjustment of Status applicants (C9); Asylum application pending (C8); and TPS Granted (A12), amongst others.
Very limited exceptions exist to the interim final rule, including for extensions of EADs required "by law or through a Federal Register notice for TPS-related employment documentation."
Those who are eligible to file EAD renewals electronically should consider doing so today before the rule takes effect. Otherwise, given risk for delays in USCIS processing of EAD renewals, it continues to be best practice for clients to file their EAD renewal applications as early as possible, which is up to 180 days before their current EAD expires and, where applicable and possible, maintain underlying nonimmigrant status.
The attorneys at Garfinkel Immigration Law Firm are monitoring closely. The team will alert clients as more information becomes available. The interim final rule could also face legal challenges in federal court.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
