USCIS Expands Automatic Extension of Certain Employment Authorization Documents to Improve Access to Work Permits

On April 4, 2024, the U.S. Citizenship and Immigration Service (USCIS) announced a temporary final rule (TFR) that will increase the automatic extension period for certain timely filed renewals for expiring Employment Authorization Documents (EADs) from 180 days up to 540 days. This announcement is made to help to improve work access to eligible foreign nationals.

The temporary measure will prevent noncitizens who are already work-authorized from having their employment authorization renewal lapse while waiting for a response for USCIS to resolve their pending EAD renewal applications. This step is the latest effort by the current administration to ensure that work-authorized individuals step into the workforce and not have to worry about disrupting their careers.

This temporary measure is applicable to eligible applicants who have filed their EAD renewal application in a timely and properly manner on or after October 27, 2023. This rule is also applicable for eligible candidates who file their Form I-765, Application for Employment Authorization during a 540-day period that begins with the rule’s publication.

According to USCIS, this action is the result of the fact that nearly 800,000 EAD renewal applicants would be in danger of experiencing lapses in their employment authorization, and roughly 60,000 to 80,000 employers would be negatively impacted as a result of the lapse in workforce participation. Hence, this new rule implies USCIS’ willingness to support employment authorized individuals’ access to work in the United States. With this new implementation, we hope to see USCIS’ ongoing effort to mitigate issues regarding processing times for eligible applicants in such other areas of travel authorization and parole.

As this announcement is subject to developments, we encourage readers to check our website regularly for updates on this and all topics regarding immigration law.