USCIS announced a temporary final rule to increase the maximum automatic extension period for certain Employment Authorization Document (EAD) renewal applicants from 180 days to 540 days. The rule aims to prevent those with pending EAD renewal applications from having their work authorization lapse while waiting for USCIS to adjudicate their application. The new automatic extension will apply to certain eligible applicants who filed an EAD renewal application on or after October 27, 2023, if their application is still pending on the rule’s publication date, scheduled for April 8, 2024. The new automatic extension will also apply to eligible EAD renewal applicants who file an application between April 8, 2024, and September 30, 2025.
To be eligible for the automatic extension, an individual must:
Timely file the Form I-765 EAD renewal application before their current EAD or 180-day automatic extension period expires;
Be applying for renewal in the same work authorization category as that shown on their current EAD, or be renewing based on Temporary Protected Status (TPS);
Be applying under one of the qualifying EAD categories, which include, among others:
Adjustment of status applicants (C09);
H-4 spouses with an unexpired I-94 (C26);
E-1, E-2, and E-3 spouses with an unexpired I-94 (A17);
L-2 spouses with an unexpired I-94 (A18);
TPS (A12 or C19);
Refugees and asylees (A03 and A05); and
Individuals who have properly filed applications for asylum and withholding of deportation or removal (C08).
Note that eligible applicants do not include F-1 STEM OPT extension applicants, who continue to be eligible for automatic extension only up to 180 days.
Individuals can demonstrate eligibility with their qualifying EAD card and a renewal application receipt notice (Form I-797C) that shows the same qualifying employment eligibility category as their underlying EAD. While the new maximum 540-day automatic extension should appear on receipt notices issued on or after April 8, 2024, previously issued receipt notices that reference a 180-day extension can still be used to demonstrate eligibility for the new extension. When completing Forms I-9, employers can attach a copy of USCIS’s webpage guidance to the employee’s Form I-9 to document the 540-day extension of their EAD’s validity.
The temporary final rule will remain in effect through September 20, 2027. USCIS is requesting public comments on whether to make the 540-day automatic extension permanent. Comments can be submitted through June 7, 2024.
Please note that the above is for informational purposes only and does not constitute legal advice. For specific questions about how the new maximum 540-day automatic extension may apply to your circumstances, please contact your team at D&S.