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Quick Hits
- New automatic extension period. DHS has issued a final rule that permanently increases the automatic EAD extension period to 540 days, replacing the previous 180-day limit.
- Eligible applicants. Individuals who timely filed EAD renewal applications using Form I-765, Application for Employment Authorization, are eligible.
- Effective date. The rule will take effect on January 13, 2025, and will retroactively apply to EAD renewal applications filed on or after May 4, 2022.
This permanent adjustment to the automatic EAD extension period provides welcome relief for noncitizens and employers, ensuring employment continuity and easing the challenges of processing backlogs. By increasing stability for individuals and employers alike, the rule marks a significant step toward supporting the U.S. workforce amid evolving immigration challenges.
Key Takeaways
- Longer automatic extension period. Eligible applicants now receive an additional 540 days of work authorization while waiting for their renewal EAD applications to process.
- Retroactive application. The new rule applies to timely filed EAD renewal applications pending or filed on or after May 4, 2022.
- Verification made easy. Expired EADs are valid when combined with a Form I-797C renewal receipt, provided other extension requirements are met.
- Employer compliance simplified. Employers can confirm eligibility using DHS’s Automatic Extension Eligibility Calculator, reducing administrative challenges.
By making permanent the 540-day automatic extension of employment authorization for eligible applicants with timely filed EAD renewal applications, this rule is a significant step toward bolstering the U.S. workforce and mitigating employment disruptions caused by processing delays.
Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will publish updates on the Immigration blog as additional information becomes available.
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