USCIS Extends EAD Renewal Period Up to 540 Days
USCIS has recently introduced a temporary final rule (TFR) that brings significant changes to the renewal process for Employment Authorization Documents (EADs).
Extended Renewal Period:
Effective from April 8, 2024, the temporary final rule extends the automatic extension period for expiring EADs. Previously set at up to 180 days, this extension period is now increased to up to 540 days from the expiration date stated on the EAD. This extension provides vital support to individuals with pending EAD renewal applications, aiming to prevent gaps in employment authorization and documentation.
Key Changes and Eligibility:
The extended renewal period applies to applicants who timely and properly filed their Form I-765, Application for Employment Authorization, on or after October 27, 2023, which is still pending.
It also applies to other eligible applicants who file EAD renewal applications between April 8, 2024 and September 30, 2025.
Eligibility EAD Categories for Automatic Extension:
• Noncitizens admitted as refugees (A03)
• Noncitizens granted asylum (A05)
• Noncitizens admitted as parents or dependent children of noncitizens granted permanent residence under section 101(a)(27)(I) of the INA
• Noncitizens admitted to the United States as citizens of the Federated States of
Micronesia, the Republic of the Marshall Islands, or the Republic of Palau pursuant to agreements between the United States and the former trust territories (A08)
• Noncitizens granted withholding of deportation or removal (A10)
• Noncitizens granted TPS, regardless of the employment authorization category on their current EADs (A12)
• Noncitizen spouses of E-1/2/3 nonimmigrants (Treaty Trader/Investor/Australian Specialty Worker) (A17)
• Noncitizen spouses of L-1 nonimmigrants (Intracompany Transferees) (A18)
• Noncitizens who have properly filed applications for TPS and who have been deemed prima facie eligible for TPS and have received an EAD as a “temporary treatment benefit” (C19)
• Noncitizens who have properly filed applications for asylum and withholding of deportation or removal (C08)
• Noncitizens who have filed applications for adjustment of status to lawful permanent resident (C09)
• Noncitizens who have filed applications for suspension of deportation, cancellation of removal pursuant, or special rule cancellation of removal (C10)
• Noncitizens who have filed applications for creation of record of lawful admission for permanent residence (C16)
• Noncitizens who have properly filed legalization applications (C20) & (C22)
• Noncitizens who have filed applications for adjustment of status pursuant to the Legal Immigration Family Equity Act (C24)
• Certain noncitizen spouses (H-4) of H-1B nonimmigrants with an unexpired Form I-94 showing H-4 nonimmigrant status (C26)
• Noncitizens who are the principal beneficiaries or derivative children of approved Violence Against Women Act (VAWA) (C31).
Proof of Eligibillity:
Eligible renewal applicants can present their qualifying EAD and Form I-797C receipt notice indicating the same employment eligibility category as their underlying EAD to prove automatic extension.
For EAD renewal applications filed after the end of the 540-day filing period established by the rule, the automatic extension period will revert to up to 180 days.
USCIS previously had adopted a 540-day automatic extension period. By reusing this extended extension period, USCIS aims to prevent hundreds of thousands of EAD renewal applicants from facing lapses in employment authorization and documentation through no fault of their own.
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