Temporary Rule to Increase Employment Authorization and/or Employment Authorization Document Validity for Eligible Renewal Applicants

On May 4, 2022, the Department of Homeland Security published a temporary final rule (87 FR 26614) that temporarily increases the automatic extension period to up to 540 days for employment authorization and/or Employment Authorization Documents (EAD, Form I-766) available to certain applicants who have filed Form I-765, Application for Employment Authorization, renewal applications.

This rule also provides eligible noncitizens with a pending renewal application:

• An additional up to 360-day extension if their EAD is still covered under the 180-day automatic extension, for a total of up to 540 days past the “Card Expires” date of the current EAD; or
• An additional period and resumption of employment authorization and/or EAD validity if their 180-day extension has lapsed, for up to 540 days past the “Card Expires” date of the current EAD.

See the USCIS announcement for more information and Section 5.0 of the M-274 for updated Form I-9 guidance.