Final Rule Permanently Increases the Automatic Extension Period for Certain Employment Authorization Document Renewal Applicants

The Department of Homeland Security (DHS) today announced a final rule that will permanently increase the automatic extension period of employment authorization and employment authorization documentation from up to 180 days to up to 540 days from the expiration date stated on expiring Employment Authorization Documents (Forms I-766 or EADs) for certain renewal applicants who have timely filed Form I-765, Application for Employment Authorization. 

What You Need to Know

DHS has finalized the temporary rule published in the Federal Register on April 8, 2024. Making the automatic extension of up to 540 days permanent reduces the likelihood that eligible renewal EAD applicants will experience a lapse in employment authorization or employment authorization documentation while USCIS processes their renewal applications. Lapses in employment authorization and documentation impacts noncitizens, their families, their employers, and by extension, the public at large.

The automatic extension period for eligible renewal EAD applications that were pending or are filed on or after May 4, 2022, is up to 540 days. An EAD that is expired on its face is considered unexpired when combined with a Form I-797C receipt notice indicating a timely filed EAD renewal application, assuming all other automatic extension requirements are met. Individuals and their employers may use the Automatic Extension Eligibility Calculator to confirm eligibility requirements and determine an auto-extended EAD expiration date.   

This final rule will be effective on Jan. 13, 2025, 30 days after the date of publication in the Federal Register.

More Information

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