Automatic Extension for EAD Renewals Permanently Increased to 540 Days for Eligible Individuals

A new final rule has been announced by the Department of Homeland Security (DHS) to provide stability for employers and employees by permanently changing the automatic extension period for certain employment authorization documents (EAD) from a maximum of 180 days to up to 540 days. The extension period starts on the day after the EAD was set to expire. If an applicant’s EAD renewal is denied, the extension period is immediately concluded.

This rule will go into effect on January 13, 2025.

Eligibility

The new rule primarily impacts adjustment of status applicants. However, it will also apply to certain E-1, E-2, E-3 spouses, L-2 spouses, H-4 spouses, individuals with temporary protected status, refugees and asylees, if all other eligibility requirements are met. The rule will have retroactive application and will apply to eligible timely filed EAD renewal applications filed on or after May 4, 2022. The Automatic Extension Eligibility Calculator offered by USCIS online can be used to assist in confirming eligibility. Applicants should contact their immigration attorney to confirm their eligibility and to see if their employment authorization does not expire on the date printed on your EAD due to grant of automatic extension.

Conclusion

This rule will continue USCIS’ current endeavors to improve the process for eligible noncitizens to work in the United States. Other efforts targeted reducing EAD processing times, increasing the capabilities of the online platforms, and improving the process for refugees.

For more information on any of these changes or help filing an EAD application, contact the trusted Chugh, LLP immigration team.