DHS Expands Extension of Employment Authorization Documents (EADs)

Final Rule Permanently Increases the Automatic Extension Period for Certain Employment Authorization Document Renewal Applicants.

The Department of Homeland Security (DHS) has announced a final rule that permanently increases the automatic extension period for employment authorization and related documentation. The extension period for eligible applicants who timely file Form I-765, Application for Employment Authorization, will now be up to 540 days—an increase from the previous 180 days. This applies to expiring Employment Authorization Documents (EADs), also known as Forms I-766.

Key Highlights:

DHS has formalized the temporary rule issued on April 8, 2024, by publishing it as a permanent regulation. Extending the automatic renewal period to 540 days aims to minimize the risk of lapses in employment authorization and documentation for eligible applicants while their EAD renewal applications are processed by USCIS. Such lapses can negatively affect noncitizens, their families, employers, and the broader community.

The automatic extension applies to EAD renewal applications that were pending or filed on or after May 4, 2022. An expired EAD can still be considered valid if paired with a Form I-797C receipt notice confirming the timely filing of a renewal application, provided all other eligibility criteria for the automatic extension are met. Employers and individuals can use the Automatic Extension Eligibility Calculator to verify eligibility and determine the extended expiration date.

This final rule will take effect on January 10, 2025, 30 days following its publication in the Federal Register.