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New rule allows for some work permits to remain valid for up to 18 months after expiration

On Behalf of | May 23, 2022 | Business Immigration |

Last year, due to substantial immigration backlogs, the USCIS implemented a rule that allowed for an extension of up to 180 days for many expired work permits. This amount of time has recently been extended by an additional 360 days – giving many workers 18 months of leeway when waiting for their work permits to renew.

With applications taking as long as 9-14 months to process, the initial 180-day extension was simply insufficient for many of the applicants who were left waiting. The good news: Those who are still waiting for their renewal can also benefit from this extension retroactively.

Who is eligible for the extension?

This new policy applies to most people who have pending Form I-765 renewal applications as of May 4, 2022.

This includes those who applied previously and whose employment authorization has already lapsed after the initial 180-day extension. With the change in policy, DHS has been instructed to go back and restore employment authorization to those who have already lost it.

The 18-month extension comes to an end on October 26, 2023. At this point, the original 180-day extension will still apply.

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