In December 14, 2016 comments with the American Immigration Lawyers’ Association, USCIS issued clarification on the effective date of the 180 day automatic EAD extension rule. Under newly issued regulations, certain applications to renew employment authorization will result in a 180 day automatic extension of employment authorization. The new regulations are effective January 17, 2017. Under USCIS’ guidance, the automatic 180 day extension will be effective for applications filed on or after January 17, 2017. Applicants whose applications are filed before January 17, 2017 will be eligible or receive the 180 day extension of employment authorization. USCIS also clarified the 90 day processing requirement will not be applied to any applications pending on January 17, 2017 regardless if they were received before the effective date of the regulatory changes. Practice Point: Wait to file any pending EAD renewals until January 17, 2017 so that the applicant can benefit from the automatic 180 day extension.
