Increased Automatic Extension to up to 540 Days of Certain EADs Pending Renewal

April 10, 2024
Anna Buskila

Based on current processing times for Employment Authorization Document (EAD) renewal applications, Department of Homeland Security (DHS) has determined that it is imperative to increase the automatic extension period for certain EAD renewal applicants from up to 180 days to up to 540 days for a temporary period. Effective April 8, 2024, the automatic extension period applicable to expiring EADs for certain EAD renewal applicants who have timely and properly filed Form I-765, Application for Employment Authorization, is increased from up to 180 days to up to 540 days from the expiration date stated on their EADs.

Below are key changes:

  • This temporary final rule (TFR) applies to EAD renewal applicants eligible to receive an automatic extension who timely and properly filed their Form I-765 applications on or after Oct. 27, 2023, if the application is still pending on the date of the publication.
  • As acceptable proof of the automatic extension of employment authorization and/or EAD validity, eligible renewal applicants can present their qualifying EAD and Form I-797C receipt notice indicating the same employment eligibility category as their underlying EAD.
    • In the case of an EAD based on Temporary Protected Status, the EAD and notice must contain either the A12 (TPS granted) or C19 (TPS applicant) category.
  • The automatic extension period will revert to up to 180 days for EAD renewal applications filed after the end of the 540-day filing period established by the rule.

If you have any additional questions, do not hesitate to contact our office at (312) 427-6163 or schedule a consultation online.

The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.

© 2023 Minsky, McCormick & Hallagan, P.C. All rights reserved. Information may not be reproduced, displayed, modified, or distributed without the express prior written permission of Minsky, McCormick & Hallagan, P.C.

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