DHS Extends Automatic Extension Period for EAD Renewals
On December 10, 2024, the Department of Homeland Security (DHS) announced a final rule that will improve access to employment authorization documents (EAD) for eligible individuals. This final rule specifically highlights the permanent increase in the automatic extension period of EADs from up to 180 days initially to up to 540 days for eligible noncitizens who file a timely request for the renewal of their extension.
This update is set to be in effect on January 13, 2025, and will apply to eligible applicants with timely filed renewal EAD applications pending or filed on or after May 4, 2022.
Eligible Applicants
An individual qualifies for automatic extension if:
- The Form I-797C receipt notice you received for your pending Form I-765 renewal application has a “Received Date” that is before the “Card Expires” date shown on the face of you EAD
- The Form I-797 receipt notice has a “Received Date” on or after May 4, 2022, and on or before September 30, 2025
- The category on your current EAD matches the “Eligibility Category” or “Class Requested” listen on your Form I-797 receipt notice
- Your renewal application is under a category that is eligible for an automatic extension.
- Only specific categories are eligible for automatic extension. Some of these categories include:
- Spouses of principal E nonimmigrant with an unexpired I-94 showing E nonimmigrant status
- Spouse of principal L-1 nonimmigrant with an unexpired I-94 showing L-2 nonimmigrant status
- Pending adjustment of status
- Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status.
- VAWA Self-Petitioners
- To check if you are eligible, please visit: Automatic Employment Authorization Document (EAD) Extension | USCIS
- Only specific categories are eligible for automatic extension. Some of these categories include:
This update comes as a response to feedback from the business community to establish more certainty for employers. Over the past year, the U.S. Citizenship and Immigration Services (USCIS) and DHS have announced several updates that have reduced processing times for EAD applicants. This final rule is a sign that they are continuing these efforts to help support the economy by keeping eligible nonimmigrants who have work authorization in the workforce and avoid unnecessary disruptions. As this announcement is subject to further updates, we encourage readers to check our website regularly for updates on this and all topics regarding immigration law.