US: DHS Announces Automatic Extension Period For EAD Renewal Applicants

The USCIS issued a rule on Tuesday that will allow immigrants whose work authorization has expired to continue working for 18 months (540 days) while they wait for renewal. This was a temporary change made two years ago and now it is permanent.

The Department of Homeland Security (DHS) announced a final rule that will support U.S. employers, foster economic growth, and improve access to employment authorization documents (EAD) for eligible individuals by permanently increasing the automatic extension period of employment authorization and employment authorization documentation from up to 180 days to up to 540 days for eligible noncitizens who file a timely request to renew their work authorization. This announcement responds to feedback from the business community to create more certainty for employers.

The USCIS said the rule was necessary due to steep backlogs in processing applications to renew employment authorization documents (EADs).

The rule applies to various classes of immigrants who do not have work visas and require EADs to work legally in the US, including refugees, people granted temporary protected statu, asylum recipients and applicants and spouses of work visa holders.

The final rule will become effective 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.

However, for the spouses of H1-B work visa holders, the H-4 visa needs to have validity and the said 540-day rule may not be applicable if the H-4 visa holders are awaiting the extension approval.