DHS Final Rule for Automatic 180 Extension of Work Authorization

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The DHS published on FEBRUARY 18TH, 2021, its final rule on the 180 days automatic extension of work authorization.  

DHS will automatically extends the employment authorization and validity of existing EADs for 180 days from the date of expiration if: 

The renewal application is filed based on the same employment authorization category as the previously issued EAD; 

The renewal application is timely filed prior to the expiration of the EAD and remains pending; and

The individual is eligible for employment authorization beyond the expiration the previously issued EAD.  

The following categories of EADs will be eligible for this automatic 180-day extension:

(a)(3) Refugee;

(a)(5) Asylee;

(a)(7) N-8 or N-9;

(a)(8) Citizen of Micronesia, Marshall Islands, or Palau;

(a)(10) Withholding of Deportation or Removal Granted;

(a)(12) Temporary Protected Status (TPS) Granted;

(c)(8) Asylum Application Pending;

(c)(9) Pending Adjustment of Status under section 245 of the Immigration and Nationality Act;

(c)(10) Suspension of Deportation Applicants (filed before April 1, 1997), Cancellation of Removal Applicants, and Special Rule Cancellation of Removal Applicants under NACARA;

(c)(16) Creation of record (Adjustment based on continuous residence since January 1, 1972); 

(c)(19) Pending initial application for TPS where USCIS determines applicant is prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit”;

(c)(20) Section 210 Legalization (pending Form I-700);

(c)(22) Section 245A Legalization (pending Form I-687);

(c)(24) LIFE Legalization; and

(c)(31) VAWA Self-Petitioners. 

The final rule specifically excludes the following categories from the 180-day automatic extension: L-2, E-1, E-2. H-4, and DACA. 

Please note that the final rule provides that TPS individuals are eligible for an automatic extension of their employment authorization two ways:

Through publication of a Federal Register notice extending the TPS designation of the individual’s country (as long as the Federal Register notice also authorizes an automatic extension of covered individuals’ existing EADs); and/or

Through the final rule’s 180-day automatic extension. 

The automatic 180-day extension of timely filed, pending EAD renewals aims to prevent gaps in employment authorization and documentation. To determine whether the 180-day automatic extension of work authorization applies, employers should review Form I-765 filing receipts and identify the EAD category code and expiration date. An employee may be entitled to continue to work for another 180 days!

Immigration News

The Senate Parliamentarian DENIED the Immigration Bill to be a part of Budget Reconciliation.  This means that the Immigration Bill will not be included in the budget bill but will need a 60 Senate votes to pass.

Success Stories

For the month of August 2021, we received approvals from USCIS two naturalization applications, one Fiancée visa petition, one removal of condition on residence and two adjustment of status applications.

Philippine Stories

1.​Manny Pacquao retired from boxing to focus on politics. The Japanese Embassy issued travel advisory to the Philippines.  There are about 3.6 million Chinese in the Philippines working on POGO.  Chinese are registered military personnel of China.  Many POGO do not pay income taxes.  Chinese are allowed to enter the Philippines without visa restrictions.

2.​President Duterte’s approval rating declined in double digit.  The Philippine Senate is currently investigating purchase of mask and face shield involving Pesos Eight Billion that are grossly overpriced and anomalous.  Listen to Percy Lapid (or Lapid Fire) and Waldy Carbonell on You Tube and Facebook for details and more corruption in the government.

3.​Filipinos should wake up  and work in whatever capacity to defend our country before we lose it to China.

Note:​This is not a legal advice and this article is for information purposes only.  You should consult with an immigration attorney about the specifics of your case.  

If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.  

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Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He practices immigration law, bankruptcy and income tax preparation since June 1999.  His contact phone is 1-877-456-9266

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