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Temporary Rule Grants Automatic 18-month Extension for Pending EAD Renewals

Miami Employment Authorization Document

Can I get a Miami Employment Authorization Document?

Many people with certain types of nonimmigrant visas receive employment authorization documents (EADs) that allow them to work in the U.S. for a set period. While EADs expire, they can be renewed. Employment authorization documents allow the holders to show employers they are legally authorized to work in the country for the specified time. To continue working, immigrants must renew their EADs and visas. While they can be renewed within 180 days of their expiration dates, people whose visas and EADs expire must leave the U.S. and are not authorized to continue working.

A huge backlog in the processing of immigration applications has resulted in a major problem for employers and applicants when the renewals have not arrived on time. Because of this issue, the U.S. Citizenship and Immigration Services (USCIS) recently announced a new rule that will temporarily expand the ability of noncitizens to continue working past the expiration date of their EADs as long as they have submitted renewal applications on time. If you have a Miami employment authorization document and need to renew it, one of the experienced Miami immigration attorneys at Pozo Goldstein can help.

What Is the Temporary Rule?

The USCIS issued a temporary rule that was effective as of May 4, 2022. Under this rule, noncitizens who have filed renewal applications for their Miami employment authorization document will receive an automatic extension while their applications are pending for up to 18 months after their EADs expire. The USCIS stated that the rule will help to prevent disruptions in employment that could harm employers while also helping noncitizen immigrants with work permits to avoid employment gaps.

Before the temporary rule was issued, the USCIS would grant an automatic 180-day extension to workers who submitted renewal applications for employment authorization (Form I-765) when their EADs expired. However, the USCIS currently has a backlog of an estimated 1.5 million EAD renewal applications. This has meant that thousands of immigrants have been unable to legally work at the same time that employers have faced labor shortages.

Who Qualifies for the 18-month automatic extension?

According to the USCIS, eligible immigrants who had pending renewal applications as of May 4, 2022, including applicants whose EADS lapsed after their initial 180-day extensions are eligible for the automatic 18-month extension of employment authorization. Those who file renewal apps within the 18-month period following when their EADs have expired will also be eligible between now and Oct. 26, 2023.

The following noncitizen immigrants with EADs are eligible to apply for renewals:

  • Asylees
  • N-8 visa holders
  • N-9 visa holders
  • Refugees
  • Citizens of the Marshall Islands, Micronesia, or Palau
  • Those for whom the withholding of removal or deportation has been granted
  • People who have been granted temporary protected status (TPS)
  • Spouses of E nonimmigrants who have unexpired I-94s
  • Spouses of L-1 nonimmmigrant visa holders who have unexpired I-94s
  • People with pending applications for asylum
  • People with pending adjustment of status applications under Section 245
  • Applicants who have applied for suspension of deportation
  • Spouses of H-1B visa holders with unexpired I-94s that include H-4 visas
  • Self-petitioners under the Violence Against Women Act (VAWA)

Applying for Employment Authorization

To apply for a Miami employment authorization document, you will need to submit Form I-765. Make sure you fully complete the application, including your personal information and your reasons for applying. You must send the application together with the filing fee of $410 or a request for a fee waiver. You will need to submit supporting documents to demonstrate your eligibility for employment authorization based on your category of eligibility. All supporting documents must be certified and translated into English.

If you make mistakes or do not submit the required supporting documents, your application could be denied. If your EAD application is granted, you will be allowed to work for any employer or work as a self-employed person. Your extension will last for up to 540 days or until a renewal decision is issued, whichever occurs sooner.

Because of the importance of maintaining your visa status, including working only with an EAD, you should work with an experienced Miami immigration lawyer at Pozo Goldstein. Our experienced team includes former immigration prosecutors and an attorney with previous experience as a judge, and we can help you ensure your application is error-free and includes the right types of supporting documents. Call us today to schedule a consultation at (305) 856-0400.

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