Temporary Employment Authorization Extension Policy Ends October 26

September 8, 2023

By Nita Nicole Upadhye

US immigration Attorney & Talent Mobility Strategist

Temporary Employment Authorization Extension Policy Ends October 26

The temporary employment authorization rule enacted in May 2022 will expire on October 26, 2023, without further extension.

Under the policy, employment authorization is automatically extended to 540 days, instead of 180 days, for certain applicants filing Form I-765.

The temporary rule was initially introduced to reduce backlogs and ease application processing delays.

With effect from October 26, 2023, the rule will revert to the previous position, with automatic extensions applicable for 180 days.

Visa holders can take advantage of the remaining days of the temporary rule by correctly filing Form I-765, Application for Employment Authorization, or requesting an employment authorization extension on or before October 26, 2023 to be eligible for the temporary 540-day extension.

Extension applications filed from October 26, 2023, will be eligible for extensions up to 180 days.

This article does not constitute direct legal advice and is for informational purposes only.

Last updated September 8, 2023

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Nita Upadhye

Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.