New EAD rules during AOS?

[sparkles_ 456]

Have any of you guys heard of this?

 

On 1.27.17, USCIS says that now, and expired EAD and proof of renewal based on pending AOS can be used to work another 180 days.Sort of like an automatic extension. Because USCIS is no longer promising to process EADs within 90 days. I'm not at my PC right now but I have links, search it online. The i9 employer handbook also updated to include it and USCIS gave a statement putout online concerning it and other things as well. 

 

*made another thread in the AOS from WTS section, please merge to proper location*

[LionessDeon 2,060]

I couldn't find anything about that at USCIS.gov

[Usagi_tsukino 90]

Nice! At least some good news. I'm going to need to apply for my 3rd EAD soon 

[sparkles_ 456]

39 minutes ago, LionessDeon said:

I couldn't find anything about that at USCIS.gov

I'm gonna try and post a screen shot. If it doesn't work because I'm a tech idiot here is the link, scroll to the second set of bullet notes, bullet 4. In the deep details it is AOS EADs, vawa claim ones and one more I can't recall offhand 

 

https://www.uscis.gov/news/news-releases/uscis-publishes-final-rule-certain-employment-based-immigrant-and-nonimmigrant-visa-programs?__hstc=155683236.cf5bd962235a387af943f56dc64ef4aa.1485800499821.1485800499821.1485800499821.1&__hssc=155683236.1.1485800499822&__hsfp=2319253109

Edited January 31, 2017 by sparkles_

[LionessDeon 2,060]

Oh ok. Employment based visas. I see. Thanks for the link. 

[sparkles_ 456]

1 minute ago, LionessDeon said:

Oh ok. Employment based visas. I see. Thanks for the link. 

No it says the i766 EAD, not something like an H1B. As in, the EAD that folks get during AOS

[Suss&Camm 2,213]

Yes that's right. The ruling was made in November and took effect end of January. It's part of a bigger ruling on work-visas that includes this paragraph for pending AOS'ers. Here's the whole ruling. If you go to the PDF and search the document for automatic extension you'll find it. It clarifies which groups are included in the EAD extension and (c )( 9) is.

 

https://www.federalregister.gov/documents/2016/11/18/2016-27540/retention-of-eb-1-eb-2-and-eb-3-immigrant-workers-and-program-improvements-affecting-high-skilled

[Suss&Camm 2,213]

"Third, to help prevent gaps in employment authorization, DHS is providing for the automatic extension of expiring EADs (and underlying employment authorization, if applicable) for up to 180 days with respect to individuals who are seeking renewal of their EADs (and, if applicable, employment authorization) based on the same employment authorization categories under which they were granted. [...] DHS listed 15 employment categories in the Supplementary Information to the NPRM that meet the regulatory criteria.[98] DHS reaffirms the list of 15employment eligibility categories as qualifying for automatic EAD/ employment authorization extensions under this final rule."

 

Note here it also says that the extension application needs to filed in a timely manner for it to be automatically extended.

 

"[98] In the NRPM, DHS listed 15 employment authorization categories under which renewal applicants would be able to receive automatic EAD extensions. Note that this list corrects an error in the NPRM wherein DHS failed to include Palau among the list of nations specified in the eligible employment category based on 8 CFR 274a.12(a)(8). As corrected, the list of 15 employment authorization categories are: Aliens admitted as refugees (see 8 CFR 274a.12(a)(3)); aliens granted asylum (see 8 CFR 274a.12(a)(5)); aliens admitted as parents or dependent children of aliens granted permanent residence under section 101(a)(27)(I) of the INA, 8 U.S.C. 1101(a)(27)(I) (see 8 CFR 274a.12(a)(7)); aliens admitted to the United States as citizens of the Federated States of Micronesia, the Marshall Islands, or Palau under agreements between the United States and those nations (see 8 CFR 274a.12(a)(8)); aliens granted withholding of deportation or removal (see 8 CFR 274a.12(a)(10)); aliens granted Temporary Protected Status (TPS) (regardless of the employment authorization category on their current EADs) (see 8 CFR 274a.12(a)(12) and (c)(19)); aliens who have properly filed applications for TPS and who have been deemed prima facie eligible for TPS under 8 CFR 244.10(a) and have received an EAD as a ‘‘temporary treatment benefit’’ under 8 CFR 244.10(e) and 274a.12(c)(19); aliens who have properly filed applications for asylum or withholding of deportation or removal (see 8 CFR 274a.12(c)(8); aliens who have filed applications for adjustment of status under section 245 of the INA, 8 U.S.C. 1255 (see 8 CFR 274a.12(c)(9)); aliens who have filed applications for suspension of deportation under section 244 of the INA (as it existed prior to April 1, 1997), cancellation of removal under section 240A of the INA, or special rule cancellation of removal under section 309(f)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (see 8 CFR 274a.12(c)(10)); aliens who have filed applications for creation of record of lawful admission for permanent residence (see 8 CFR 274a.12(c)(16)); aliens who have properly filed legalization applications pursuant to section 210 of the INA, 8 U.S.C. 1160 (see 8 CFR 274a.12(c)(20)); aliens who have properly filed legalization applications pursuant to section 245A of the INA, 8 U.S.C. 1255a (see 8 CFR 274a.12(c)(22)); aliens who have filed applications for adjustment of status pursuant to section 1104 of the LIFE Act (see 8 CFR 274a.12(c)(24)); and aliens who are the principal beneficiaries or qualified children of approved VAWA self-petitioners, under the employment authorization category ‘‘(c)(31)’’ in the form instructions to the Application for Employment Authorization (Form I–765)."

Edited February 4, 2017 by Suss&Camm

[sparkles_ 456]

USCIS has released a PDF detailed how employers can verify this as well as file new i9s with expired EADs. I can put up that link if anyone likes.

[Suss&Camm 2,213]

35 minutes ago, sparkles_ said:

USCIS has released a PDF detailed how employers can verify this as well as file new i9s with expired EADs. I can put up that link if anyone likes.

Go Gadget GO

[sparkles_ 456]

9 minutes ago, Suss&Camm said:

Go Gadget GO

LOL it is my paranoia serving the VJ fellows well!

[AlinaB 43]

Do we have detailed information on the extended grace period for EADs in case renewal's take time and when we should start to apply for renewals? I see the information online in the PDF, but it is so cumbersome I cannot actually figure out what the exact rules are. 

 

[Suss&Camm 2,213]

53 minutes ago, AlinaB said:

Do we have detailed information on the extended grace period for EADs in case renewal's take time and when we should start to apply for renewals? I see the information online in the PDF, but it is so cumbersome I cannot actually figure out what the exact rules are. 

 

You can apply 90 days before expiration and the automatic extension is only granted if you actually do apply before it expires. 

[AlinaB 43]

17 minutes ago, Suss&Camm said:

You can apply 90 days before expiration and the automatic extension is only granted if you actually do apply before it expires. 

Thank you very much, I'll set an alert on my calendar now. 

[Suss&Camm 2,213]

6 minutes ago, AlinaB said:

Thank you very much, I'll set an alert on my calendar now. 

That's a good idea!