USCIS Extends Automatic EAD Renewals to 540 Days with Temporary Final Rule

Did you hear about this? USCIS announced a temporary final rule to increase the automatic extension period for certain employment authorization documents (EADs) from up to 180 days to up to 540 days. This change follows significant improvements in EAD processing times over the past year. Let's hear more about it:

USCIS Extends Automatic EAD Renewals to 540 Days with Temporary Final Rule

The temporary measure aims to prevent work-authorized noncitizens from experiencing lapses in their employment authorization and documentation while waiting for the USCIS to process their EAD renewal applications. This rule is part of USCIS's ongoing efforts to support employment-authorized individuals' access to work. The USCIS has overall reduced EAD processing times and streamlined adjudication processes. 

When will this rule be effective until? 

This temporary final rule will be effective through September 20, 2027, with certain amendments effective through October 15, 2025. Public comments on the rule will be accepted through June 7, 2024. 

Who is eligible?

The temporary measure applies to eligible applicants who filed their EAD renewal applications on or after October 27, 2023, and had their applications pending as of April 8, 2024, the publication date in the Federal Register. It also applies to eligible EAD renewal applicants who file Form I-765 during the 540-day period starting April 8. To qualify for the extension, individuals must: 

•  Properly and timely file Form I-765 for an EAD renewal before their current EAD expires (with exceptions for certain applicants with Temporary Protected Status (TPS) or a pending TPS application). 
• Be otherwise eligible for a renewal, which includes: 
• Having a renewal application under a category eligible for an automatic extension. 
• Ensuring the category on the current EAD matches the “Class Requested” listed on the Form I-797C Notice of Action, Receipt Notice.

Visit USCIS's page to see all employment categories that are eligible for an automatic extension>>