The Department of Homeland Security (DHS) will make permanent the automatic work authorization extension of up to 540 days for certain applicants renewing their Employment Authorization Document (EAD). Previously, this extension was temporary, first increased from 180 days to 540 days in May 2022 for renewal applications filed before October 26, 2023, and then extended again for applications filed before September 30, 2025. A new regulation, set to be published on December 13, 2024, and effective January 13, 2025, will make the 540-day extension permanent for eligible EAD renewal applicants. This is a positive step, as codifying the extension into regulations will make it harder for future administrations to reduce it. Without this increased automatic extension, delays in EAD processing could increase the risk of gaps in employment authorization for pending EAD extensions.
In order to qualify for the 540-day automatic extension, an EAD renewal applicant must:
Timely file an EAD renewal application prior to the expiration of their current EAD (or during a Temporary Protected Status (TPS) re-registration period);
Apply for renewal in the same work authorization category on which their current EAD is based; and
Apply under a qualifying work authorization category.
The qualifying work authorization categories (and eligibility codes) include:
Adjustment of status applicants (C09);
E-1, E-2, and E-3 spouses with an unexpired E-1, E-2, or E-3 I-94 (A17);
L-2 spouses with an unexpired L-2 I-94 (A18);
H-4 spouses with an unexpired H-4 I-94 (C26);
Temporary Protected Status (TPS) (A12 or C19);
Refugees and asylees (A3 and A5);
Noncitizens who have properly filed applications for asylum and withholding of deportation or removal (C08); and
Approved self-petitioners under the Violence Against Women Act (VAWA) and their qualified children (A31).
If the EAD renewal application is denied before the end of the extension period, the automatic extension automatically terminates.
Please note that the regulation will take effect on January 13, 2025, prior to the inauguration. While the incoming Trump administration may subsequently revise or repeal the increased extension validity, this will require additional regulatory action and could no longer be done swiftly via executive action.
Please note that the above is for informational purposes only and does not constitute legal advice. For specific questions about how the automatic work authorization extension may apply to your specific circumstances, please contact your team at D&S.