The Department of Homeland Security (DHS) has finalized a new rule that significantly benefits U.S. employers, supports economic growth, and enhances access to Employment Authorization Documents (EAD) for eligible individuals. This permanent rule increases the automatic extension period for employment authorization and EAD validity from 180 days to 540 days for eligible noncitizens who submit a timely renewal application.
The extended automatic renewal period is a game-changer for eligible individuals and U.S. businesses alike. It helps prevent gaps in employment authorization while U.S. Citizenship and Immigration Services (USCIS) processes EAD renewal requests. By ensuring continuity in the workforce, this rule supports operational stability for employers and economic resilience nationwide.
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.
If you filed Form I-765, Application for Employment Authorization, to renew your expiring EAD, you may qualify for an automatic extension of the expiration date printed on your EAD while your application is pending. You qualify for this automatic extension if:
- The receipt notice you received for your pending Form I-765 renewal application has a “Received Date” that is before the “Card Expires” date shown on the face of your EAD;
- The receipt notice has a “Received Date” on or after May 4, 2022, and on or before Sept. 30, 2025;
- Your renewal application is under a category that is eligible for an automatic extension ; and
- The category on your current EAD matches the “Eligibility Category” or “Class Requested” listed on your Form I-797C, Notice of Action, receipt notice. (exceptions for certain categories.)
If all the above factors are true, then your employment authorization does notexpire on the date printed on your EAD, because you have been granted an automatic extension.
To determine your actual EAD expiration date, please see the “Automatic Extension Eligibility Calculator” here: https://www.uscis.gov/eadautoextend
Contact one of HSD Immigration Lawyer offices in Clark, NJ; Chicago, IL; Naperville, IL or Raleigh, NC, for additional information about this recent announcement and for filing an EAD application.
At HSD Immigration Lawyer, we specialize in complex employment-, investment- and family-based immigration matters. We will continue to monitor and share additional updates as USCIS releases pertaining to EAD applications.