Anyone on an EAD (you know who you are!) that needs to extend his or her EAD (employment authorization document) that it can be an anxiety filled process if the EAD approval is not received before the current one expires. People have to stop working as soon as the EAD expires. It harms the employer and it harms the immigrant worker.
The new rules will establish a new policy that grant an automatic extension of the current EAD for 180 days, if:
- A new EAD application was filed before expiration of the current EAD.
- The request is based on the same category.
- The immigrant worker continues to be employed ‘incident to status’ beyond the expiration of the EAD or is applying for renewal under a category that does not first require adjudication of an underlying petition. (Page 109 of proposed rules)
In recent history, USCIS had been taking more than 90 days to approve such EAD applications which was indeed causing much hardship. This is a very welcome proposed rule.
However, as a result of this change, USCIS will no longer promise to adjudicate such applications within 90 days. (see page 115-116).