U.S. Citizenship and Immigration Services (USCIS) has published a final rule that permanently increases the automatic extension period for certain immigrants' employment authorization documents (EADs). The rule, which takes effect on January 13, 2025, automatically extends the EAD renewal period from 180 to 540 days.
According to USCIS, the increased extension period will help ensure that individuals do not experience a lapse in work authorization while the agency processes renewal applications. USCIS had temporarily put the automatic extension in place due to the large backlog of EAD applications and renewals.
Any such lapses affect both workers and their employers, making the extension essential as USCIS continues to work through significant processing delays. The extension helps employers avoid temporary loss of employees and reduce their administrative burdens, while allowing workers to continue working and supporting themselves without gaps in their employment histories. Furthermore, the permanent codification of the rule will increase predictability in employment for both employers and workers.
EAD applicants will qualify for the 540-day automatic extension so long as they timely file an EAD renewal application between May 4, 2022, and September 30, 2025. Eligible applicants must also request renewal in the same category as their expired EADs and meet certain other requirements. For I-9s, an expired EAD plus a Form I-797C, which indicates receipt of a timely filed EAD renewal application, is permissible. Employees wishing to take full advantage of the increased extension period should file their EAD renewal applications up to 180 days before their EAD expires or as early as possible.
However, the continued existence of the extension could be at risk under the incoming Trump administration. As a result, employees should file their EAD renewal applications before January 20, 2025.
Various categories of immigrants are employed in the U.S. under EADs. These individuals include green card applicants, spouses of immigrants on H-1B work visas, workers with temporary protected status (TPS), and individuals seeking asylum. Individuals seeking initial EADs are not entitled to the increased automatic extension period.
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