USCIS Employment Authorization Extension Policy to End in October 2023

Last Updated on September 8, 2023

On Oct. 26, 2023, a temporary employment authorization policy implemented by U.S. Citizenship and Immigration Services (USCIS) is set to expire.  


USCIS published a Temporary Final Rule in May 2022 that increased the automatic employment authorization extension for some renewal applicants to 540 days. Previously, the automatic extension was 180 days.  

The temporary rule is scheduled to end on Oct. 26, 2023. Eligible applicants who properly filed Form I-765, Application for Employment Authorization, or who requested an employment authorization extension on or before Oct. 26, 2023, will still be eligible for the 540-day extension, if their I-765 is in an eligible category. Applicants who file Form I-765 after the temporary rule expires will be eligible for extensions up to 180 days, if their I-765 classification permits.  

Until Oct. 26, 2023, applicants who properly file Form I-765 are eligible for the extension, provided they properly filed Form I-765 to renew their employment authorization and/or EAD before their current EAD expires. Additionally, applicants must otherwise be eligible for a renewal. Applicants must have a renewal application under a category that is eligible for an automatic extension, and the category that they list on their current EAD must match the “Class Requested” indicated on Form I-797C, Notice of Action.  

Looking Ahead  

USCIS implemented the temporary rule in May 2022. The rule was introduced to alleviate processing delays and reduce backlogs. The temporary rule is not expected to be extended, so applicants are encouraged to file Form I-765 before Oct. 26, 2023, to receive the 540-day extension.  

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Envoy is pleased to provide you with this information, which was prepared in collaboration with Rita Ambrosetti, who is a Managing Attorney at Corporate Immigration Partners, P.C., a U.S. law firm who provides services through the Envoy Platform (the “U.S. Law Firm”).   

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