At a Glance
On April 4, 2024, The U.S. Citizenship and Immigration Services (USCIS) announced an increase in the period for which an employment authorization documents (DAE) is automatically renewed. Instead of 180 days, some work permits in the US will be extended by 540 days (1.5 years).
⚠️ This auto extension is available to those who timely and correctly submitted an EAD renewal application on or after Oct 27, 2023 if the renewal application is still pending.
⚠️This auto extension will also apply to those who file an EAD extension Form I-765 within the 540 day period from the date of publication this rule in the Federal Register.
⚠️ Additionally, this applies to those who submit EAD renewal applications between April 8, 2024, and September 30, 2025.
This move is expected to affect 800,000 people.
TABLE OF CONTENTS
The U.S. Citizenship and Immigration Services (USCIS) is set to extend the automatic extension for expiring Employment Authorization Documents (EADs) for specific renewal applicants. The extension will jump from the existing 180 days to a new temporary maximum of 540 days from the EAD's expiration. This adjustment aims to assist foreign nationals who filed their Form I-765 renewal applications from October 27, 2023, through September 30, 2025.
Background
Originally established in 2016, the regulation allowing a 180-day automatic extension was a response to increasing EAD application volumes and processing times, exacerbated by the COVID-19 pandemic. USCIS temporarily extended this period to 540 days in spring 2022, a rule that expired on October 26, 2023. Recognizing ongoing delays, USCIS reinstates the increased auto-extension to prevent employment authorization gaps for renewal applicants.
Who's Eligible?
The extended auto-extension benefits:
- EAD applicants who filed timely renewals since October 27, 2023
- Applications pending as of April 8, 2024
- Those applying in the same work authorization category or under Temporary Protected Status (TPS)
- F-1 STEM OPT applicants remain eligible for only up to 180 days of auto-extension
Categories Covered
Qualifying categories for the 540-day extension include, but are not limited to:
- Adjustment of status applicants (C09)
- TPS beneficiaries (A12 or C19)
- Refugees
- Asylees,
- Approved VAWA self-petitioners
- Certain H-4, E, and L spouses, among others.
Implementation and Proof of Eligibility
Acceptable proof of eligibility for the 540-day extension includes the qualifying EAD card and the Form I-765 receipt notice, which must indicate the same employment eligibility category. For TPS-related EADs, codes A12 or C19 are valid, even if they do not match across documents.
What's Next?
USCIS is seeking public comments on whether to make the 540-day extension permanent or explore other solutions to minimize employment authorization gaps. Furthermore, a shift to issuing five-year EADs for certain applicants is expected to decrease renewal filings and reduce the need for extended auto-extensions in the future.
Action Steps for Employers
Employers should ensure their HR and compliance teams are updated on these changes to properly identify employees who could benefit from this temporary rule. This will aid in maintaining lawful employment practices and minimizing disruptions due to EAD expiration.
Looking Ahead
USCIS's move to temporarily extend the auto-extension period for EAD renewals underscores an ongoing effort to mitigate challenges faced by foreign nationals and employers alike. As we await further developments, stakeholders are encouraged to provide feedback and stay informed on USCIS guidelines to navigate these changes effectively.
