Temporary Final Rule to Increase Employment Authorization and/or Employment Authorization Document Validity for Eligible Renewal Applicants
On April 8, 2024, the Department of Homeland Security published a temporary final rule (89 FR 24628) that temporarily increases the automatic extension period of employment authorization and/or Employment Authorization Documents (Form I-766 or EAD) from up to 180 days to up to 540 days from the expiration date on the face of the EAD.
The temporary 540-day automatic extension period is available to certain applicants who timely filed Form I-765, Application for Employment Authorization, renewal applications on or after Oct. 27, 2023, and whose applications remain pending on April 8, 2024.
The temporary increase of employment authorization and/or EADs to up to 540 days also applies to eligible applicants who timely file a Form I-765 renewal application on or after April 8, 2024, and on or before Sept 30, 2025. Under the temporary final rule, the automatic extension period will revert to up to 180 days for those who timely file Form I-765 renewal applications after Sept. 30, 2025.
Employers can use the Employment Authorization Document (EAD) Automatic Extension Calculator on I-9 Central for help calculating their employee’s extension.
See the USCIS announcement for more information and refer to Section 5.0 of the M-274 for updated Form I-9 guidance.