Recently, the U.S. Department of Homeland Security announced a final rule: the automatic extension period for employment authorization and Employment Authorization Documents (EAD) for certain foreign nationals has been increased from the original maximum of 180 days to a maximum of 540 days.
This new regulation will officially take effect on January 13, 2025, and will apply to eligible applicants who filed for an Employment Authorization Document (EAD) renewal on or after May 4, 2022. This adjustment means that for eligible foreign nationals, the validity period of their work authorization will be extended from the previous maximum of six months to a maximum of one and a half years.
In addition, for students holding student visas in STEM majors, their OPT extension is not affected by this new rule, and the automatic extension period remains 180 days. Therefore, it is recommended that international students holding OPT submit their renewal applications as early as possible before their work cards expire to avoid unnecessary delays.
The EAD card, an abbreviation for Employment Authorization Document, refers to a work permit. Holding an EAD card means that the holder has obtained permission from the U.S. Citizenship and Immigration Services (USCIS) to work legally in the United States. In other words, the applicant can work and travel freely in the United States, the applicant and their spouse can work legally, children can attend local public schools, and they can also apply for local state government health insurance, enjoying most of the living conveniences of U.S. residents.
The new regulation undoubtedly brings more convenience to those waiting for green card status adjustment in the United States, reducing the risk of losing legal work status while waiting for the I-485 process.
Under the new act, investing in EB-5 rural projects under the EB-5 reserved visa category is exempt from visa retrogression and enjoys priority processing by the USCIS. At the same time, EB-5 applicants within the United States, including international students, can perform "concurrent filing" in the U.S., meaning that applicants without retrogression can simultaneously submit their I-526E immigrant petition and I-485 adjustment of status application. They can also simultaneously apply for travel authorization I-131 and work authorization I-765, allowing them to legally reside, study, and work in the United States, enjoy quasi-green card freedom in advance, and quickly resolve the issue of legal status in the U.S. WorldWay has already had multiple batches of EB-5 investors successfully obtain the Combo card (work permit/advance parole) approved by the USCIS, with the fastest taking only 3 months.
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