The Temporary Final Rule (TFR) at 8 CFR 274a(d)(5) providing for an automatic extension of employment authorization for certain renewal applicants of up to 540 days will expire on October 26, 2023. Forms I-765, Application for Employment Authorization, requesting an extension employment authorization in one of the eligible categories, that are filed on or before October 26, 2023, will qualify for an automatic extension of employment authorization of up to 540 days. Forms I-765 filed after October 26 will be eligible for an automatic extension of up to 180 days. Accordingly, it is advisable to file Form I-765 extensions prior to October 26, 2023, for those who are eligible to receive an automatic extension of up to 540 days. For eligible categories, see Automatic Employment Authorization Document (EAD) Extension | USCIS
The TFR was issued in May 2022, by USCIS in recognition of increased processing times for many Form I-765 applications well beyond 180 days, resulting in gaps in employment authorization and lost jobs for otherwise eligible applicants. While processing of employment authorization applications have improved in the past year, they still exceed 180 days in certain circumstances. For instance, USCIS data indicates that the median (i.e. 50% of cases) processing time for (c)(9) (adjustment of status) employment authorization applications in FY2023 is 5.5 months. However, its case processing times webpage indicates that 80% of (c)(9) employment authorization applications are completed within 8-16 months, depending upon which service center is processing the application.