USCIS Increases Automatic Extension of Certain EADs or Work Permits where an application for an extension was timely filed.
On April 4, 2024, U.S. Citizenship and Immigration Services (USCIS) announced a temporary final rule increasing the automatic extension period for certain employment authorization documents (EADs) to up to 540 days (from up to 180 days). The final rule is effective April 8, 2024, through September 20, 2027, except for the amendments to 8 CFR 274a.13(d)(5), which are effective from April 8, 2024, through October 15, 2025.
Noncitizens in certain employment eligibility categories who timely file Form I-765 (the Application for Employment Authorization) to renew their EADs may qualify for an automatic extension of their expiring EAD while their application remains pending. To be eligible for the automatic extension, (1) the Form I-765 must be properly and timely filed before the applicant’s current EAD expires (except certain applicants with Temporary Protected Status (TPS) or a pending TPS application); (2) the renewal application must be under a category that is eligible for automatic extension (the list of categories can be found here); and (3) the category on the applicant’s current EAD must match the “Class Requested” listed on the Form I-797C, Notice of Action, Receipt Notice.
The final rule increases the automatic extension period to up to 540 days for the following eligible EAD applicants: (1) applicants who timely and properly filed Form I-765 on or after October 27, 2023, if the application is still pending on April 8, 2024; and (2) applicants who timely and properly file their Form I-765 on or after April 8, 2024, and on or before September 30, 2025. As such, eligible renewal EAD applicants who meet one of these two categories may now receive up to 540 days of temporary work authorization while their renewal applications remain pending.
On April 4, 2024, U.S. Citizenship and Immigration Services (USCIS) announced a temporary final rule increasing the automatic extension period for certain employment authorization documents (EADs) to up to 540 days (from up to 180 days). The final rule is effective April 8, 2024, through September 20, 2027, except for the amendments to 8 CFR 274a.13(d)(5), which are effective from April 8, 2024, through October 15, 2025.
Noncitizens in certain employment eligibility categories who timely file Form I-765 (the Application for Employment Authorization) to renew their EADs may qualify for an automatic extension of their expiring EAD while their application remains pending. To be eligible for the automatic extension, (1) the Form I-765 must be properly and timely filed before the applicant’s current EAD expires (except certain applicants with Temporary Protected Status (TPS) or a pending TPS application); (2) the renewal application must be under a category that is eligible for automatic extension (the list of categories can be found here); and (3) the category on the applicant’s current EAD must match the “Class Requested” listed on the Form I-797C, Notice of Action, Receipt Notice.
The final rule increases the automatic extension period to up to 540 days for the following eligible EAD applicants: (1) applicants who timely and properly filed Form I-765 on or after October 27, 2023, if the application is still pending on April 8, 2024; and (2) applicants who timely and properly file their Form I-765 on or after April 8, 2024, and on or before September 30, 2025. As such, eligible renewal EAD applicants who meet one of these two categories may now receive up to 540 days of temporary work authorization while their renewal applications remain pending.
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