On April 4, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced a temporary final rule to increase the automatic extension period for certain employment authorization documents (EADs) from up to 180 days to up to 540 days. This announcement follows improvements that have reduced processing times for EADs significantly over the past year.
The temporary measure will prevent already work-authorized noncitizens from having their employment authorization and documentation lapse while waiting for the USCIS to adjudicate their pending EAD renewal applications.
This rule aligns with an ongoing effort at USCIS to support employment-authorized individuals’ access to work. The USCIS has reduced EAD processing times overall and streamlined adjudication processing. This temporary final rule is effective through Sept. 20, 2027, except for certain amendments, which are effective through Oct. 15, 2025. The USCIS is accepting public comment through June 7, 2024.
This temporary measure will apply to eligible applicants who timely and properly filed an EAD renewal application on or after Oct. 27, 2023, if the application was still pending on the date of publication in the Federal Register, which was April 8, 2024. The temporary final rule will also apply to eligible EAD renewal applicants who timely and properly file Form I-765 application during the 540-day period that began April 8.
An individual qualifies for the extension if the worker:
- Properly and timely filed Form I-765 for a renewal of employment authorization before the current EAD expired (except certain applicants with Temporary Protected Status (TPS) or a pending TPS application), and
- Are otherwise eligible for a renewal, which means that
- A renewal application is under a category that is eligible for an automatic extension
- The category on the current EAD matches the “Class Requested” listed on the Form I-797C Notice of Action, Receipt Notice
The following employment categories are eligible for an automatic extension:
(a)(3) Refugee
(a)(5) Asylee
(a)(7) N-8 or N-9
(a)(8) Citizen of Micronesia, Marshall Islands, or Palau
(a)(10) Withholding of Deportation or Removal Granted
(a)(12) Temporary Protected Status (TPS) Granted
(a)(17) Spouse of principal E nonimmigrant with an unexpired I-94 showing E (including E-1S, E-2S and E-3S) nonimmigrant status
(a)(18) Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 (including L-2S) nonimmigrant status
(c)(8) Asylum Application Pending
(c)(9) Pending Adjustment of Status under Section 245 of the Act
(c)(10) Suspension of Deportation Applicants (filed before April 1, 1997)
Cancellation of Removal Applicants
Special Rule Cancellation of Removal Applicants Under NACARA
(c)(16) Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972)
(c)(19) Pending initial application for TPS where USCIS determines applicant is prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit”.
(c)(20) Section 210 Legalization (pending I-700)
(c)(22) Section 245A Legalization (pending I-687)
(c)(24) LIFE Legalization
(c)(26) Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status
(c)(31) VAWA Self-Petitioners
