The Department of Homeland Security (DHS) has announced a final rule that permanently increases the automatic extension period for employment authorization and Employment Authorization Documents (EADs) from 180 days to 540 days.
This extension applies to certain renewal applicants who have timely filed Form I-765, the Application for Employment Authorization. The new rule is intended to address potential lapses in employment authorization while renewal applications are being processed by U.S. Citizenship and Immigration Services (USCIS).
The rule finalizes a temporary measure introduced on April 8, 2024, which extended the automatic renewal period to 540 days on an interim basis.
By making this provision permanent, DHS aims to provide greater stability for noncitizens, their families, and employers, as well as to minimize disruptions to businesses and the broader community caused by delays in processing renewal applications.
Under the rule, eligible renewal applicants who filed or are filing Form I-765 on or after May 4, 2022, can benefit from the extended 540-day period.
For these individuals, an EAD that appears expired remains valid when paired with a Form I-797C receipt notice, as long as all other automatic extension requirements are met. Employers and employees can use the Automatic Extension Eligibility Calculator to confirm eligibility and determine the adjusted expiration date of an EAD.
The final rule will go into effect on January 10, 2025, 30 days after its publication in the Federal Register. This change provides a long-term solution to a pressing issue, ensuring that eligible individuals can maintain their employment and contribute to the economy without unnecessary interruptions.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
