[co-author: Zoe Balkan]
On December 13, 2024, the Department of Homeland Security (DHS) published a final rule in the Federal Register to codify the automatic extension period for certain classifications of Employment Authorization Documents (EADs). The final rule creates an automatic 540-day extension for certain EADs if the applicant files a timely application for extension to United States Immigration and Citizenship Services (USCIS).
DHS has determined that the 180-day automatic extension historically available to certain EAD categories is no longer sufficient. Specifically, DHS determined that it does not provide adequate time to address large spikes in EAD filings and other expected circumstances that may cause increased EAD renewal processing times. To prevent harmful effects of these delays, DHS has amended existing regulations to permanently increase the automatic extension period to 540 days.
Background
DHS first implemented a 180-day automatic extension period for certain EADs in 2016. Since that time, DHS has issued two temporary final rules increasing the automatic extension period for certain EADs for up to 540 days. This was implemented to prevent a substantial number of EAD renewal applicants from experiencing a lapse in their employment authorization due to processing delays at USCIS. However, the most recent temporary final rule had a sunset provision of September 30, 2025. The new rule makes the 540-day extension permanent for EAD renewals in designated categories.
Eligibility for 540-day extension
The 540-day extension applies to individuals with existing EAD cards who meet the following criteria:
- Have an EAD in one of the categories that are eligible for an automatic extension, available here.
- Have filed an EAD extension application to USCIS, on or after May 4, 2022.
- Have filed the EAD extension application before the expiration date of their existing EAD; and
- Have filed for an EAD renewal in the same category as the existing EAD.
Analysis
This final rule is welcome news to individuals and employers. During the prior Trump administration, EAD processing times at USCIS slowed significantly, and many individuals faced gaps in work authorization when their EAD renewal applications were still pending after 180-day automatic extension period was exhausted. The 540-day extension rule provides more assurance of uninterrupted work authorization.
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