Final Rule Permanently Increases the Automatic Extension Period for Certain Employment Authorization Document Renewal Applicants
DHS finalized the temporary rule published in the Federal Register in April 2024 that permanently increases the automatic extension period of employment authorization and the EAD document from up to 180 days to up to 540 days from the expiration date stated on the expiring EAD card for certain renewal applicants who have timely filed a Form I-765. The measure 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. 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 USCIS 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