Category Archives: J-1 Visa for Physician

Automatic Employment Authorization Document (EAD) Extension

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Certain renewal applicants who have filed Form I-765, Application for Employment Authorization, qualify for an automatic extension of their expiring employment authorization and/or EADs while their application is pending. You qualify for this extension if you:

  • Properly filed Form I-765 for a renewal of your employment authorization and/or EAD before your current EAD expired, and
  • Are otherwise eligible for a renewal, which means that:
    • Your renewal application is under a category that is eligible for an automatic extension (see the list of categories below); and
    • The Category on your current EAD matches the “Class Requested” listed on your Form I-797C Notice of Action, Receipt Notice. (Note: If you are a Temporary Protected Status (TPS) beneficiary or pending applicant, your EAD and this Notice must contain either the A12 or C19 category, but the categories do not need to match each other. In addition, for H-4, E, and L-2 dependent spouses, an unexpired Form I-94 indicating H-4, E, or L-2 nonimmigrant status (including E-1S, E-2S, E-3S, and L-2S class of admission codes) must accompany Form I-797C when presenting proof of employment authorization to an employer for Form I-9, Employment Eligibility Verification, purposes).

Automatic Extension Time Period—Temporary Increase to up to 540 Days

Normally, DHS regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the EAD. However, DHS has published a temporary final rule increasing the extension period. Effective May 4, 2022, DHS is temporarily increasing the extension period and providing up to 360 days of the additional automatic extension time, for a total of up to 540 days, to eligible renewal applicants. The automatic extension time is counted from the expiration date of the employment authorization and/or EAD. This temporary increase is available to eligible renewal applicants with pending applications if you filed your Form I-765 renewal application either:

  • Before May 4, 2022, and your 180-day automatic extension has since expired;
  • Before May 4, 2022, and your 180-day automatic extension has not yet expired; or
  • Between May 4, 2022, and Oct. 26, 2023, inclusive of these dates.

If you file your Form I-765 renewal application after Oct. 26, 2023, the normal 180-day automatic extension period will apply.

Proof of an Automatic Extension

The automatic extension period, including the temporary increase to the extension period, is provided to certain renewal applicants to help prevent gaps in employment authorization and documentation.

If you file a Form I-765 renewal application on or after May 4, 2022, USCIS will send you a Form I-797C Notice of Action receipt notice that has information regarding the up to 540-day automatic extension. If you are eligible for the automatic extension, this receipt notice, together with your expired EAD (and your unexpired Form I-94, if you are an H-4, E, or L-2 dependent spouse, including E-1S, E-2S, E-3S, and L-2S class of admission codes) will serve as acceptable proof of employment authorization and/or EAD validity during the up to 540-day automatic extension period.

If you filed a Form I-765 renewal application before May 4, 2022, you should have received a Form I-797C Notice of Action receipt notice that describes the automatic extension period of up to 180 days. You will not receive a new I-797C receipt notice reflecting the increased employment authorization and/or EAD automatic extension period. However, Form I-797C receipt notices that refer to an up to 180-day automatic extension will still meet the regulatory requirements for completing Form I-9, including if your 180-day automatic extension expired prior to May 4, 2022.

For information about automatic extension of Employment Authorization, contact our office at (212)258-0713.

J-1 Immigrant Visa for Physician

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The U.S. immigration system has been in need of reform on a variety of fronts—from the challenges facing those in the country without documentation to the need for fairer asylum laws, to often-inefficient processing of employment-based immigration benefits—and is crying out for common-sense solutions. Sadly, no immigration legislation has passed both houses of Congress since 2005, and the outcome of the 2016 presidential and congressional elections has exacerbated an already taxed system.

For physicians, several new government policies—both proposed and already implemented—can cause serious consequences and derail genuine attempts to immigrate lawfully to the United States. Because these changes largely are policy-based—i.e., the government decided to apply the law differently than it had before, and were not created by regulation or legislation—they have escaped close public scrutiny leaving many affected individuals unaware of them or at least unaware of their possible impact.

The government’s policy changes largely are justified as implementing the Buy American, Hire American (BAHA) Executive Order, which President Donald Trump signed on April 18, 2017. BAHA directs all federal agencies that deal with immigration matters to review all immigration-related policies and regulations and to consider the effect of those rules and policies on American workers.

Under the new policy, USCIS officers are mandated to issue an NTA when the denial of a petition or application leaves an individual without lawful status. USCIS has been implementing the new NTA memo in stages; so far, it applies only to applications that have been denied, such as I-539s and I-485s, but broader implementation is planned. In addition, USCIS says it will delay issuance of an NTA for enough time to allow an individual to move to reopen the denied case in case an error was made. But the bottom line is that the consequences of a denial are greater than ever.

The consequences of the NTA memo make the other policy memorandum from the summer of 2018 even harder to swallow. Past USCIS policy required officers to issue a request for evidence (RFE) or notice of intent to deny (NOID) before denying a petition or application in order to afford the petitioner and beneficiary an opportunity to cure whatever defect(s) the officer found.

As an immigration attorney, I remain ever vigilant in staying apprised of the government’s policy changes.