Increase of Automatic Extension Period for Certain EAD Renewals Made “Permanent”

On Tuesday, 10.Dec.2024, the U.S. Department of Homeland Security (DHS) announced a final rule to permanently implement the rule that automatically extends the validity of certain employment authorization documents (EADs) based on a pending, timely filed application to extend employment authorization. The final rule will go into effect 13.Jan.2025 for eligible EAD renewal applications that were timely filed or pending on or after 04.May.2022.

Overview of Final Rule

The rule will permanently increase the automatic extension period from 180 days to 540 days for qualifying EAD renewal applications, while the I-765 remains pending. This should help eliminate gaps in work authorization in situations when there is a delay in adjudicating the foreign national’s EAD application.

To be eligible for the increased 540-day automatic extension, an individual must be filing an EAD renewal included on the list of categories eligible for the program. This list includes applicants with pending I-485 applications, asylees, those in temporary protected status (TPS), and spouses in H-4 status. A comprehensive list of the EAD categories eligible for the 540-day automatic extension period can be found on the USCIS website, under Automatic Employment Authorization Document (EAD) Extension. The application for extension also must be timely filed.

Certain Categories, Including H-4 EAD, Limited by I-94 Expiration Date

While the 540-day extension is helpful, this benefit is much less useful for applicants in certain categories, including those applying under the H-4 EAD program. This is because the EAD extension is limited to either 540 days or the applicant’s I-94 expiration date, whichever is sooner. H-4 EAD applicants should speak with their immigration attorneys well in advance of their EAD and status expiration dates to determine how best to avoid gaps in employment authorization.

Conclusion

This final rule should help in certain cases where there are lengthy delays in the processing of EADs. Still, we would prefer to see improvements in processing times, and for premium processing to be made available for I-539 and I-765 applicants.

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