The provision automatically extending some Employment Authorization Documents (“EADs”) of the much-anticipated “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimigrant Workers” regulation goes into effect today. The regulation provides for the automatic extension of certain EADs for a period not to exceed 180 days, provided that a renewal application is:
- Properly filed with USCIS before the expiration date shown on the face of the expiring EAD,
- Based on the same employment category shown on the face of the expiring EAD, and
- Based on a class of aliens whose employment eligibility to apply for employment authorization continues notwithstanding expiration of the EAD and is based on an employment authorization category that does not require adjudication of an underlying application or petition before the adjudication of the renewal application.