by Last week, the Department of Homeland Security announced its final rule permanently increasing the automatic extension period for employment authorization and Employment Authorization Documents (EADs) available to certain EAD renewal applicants from up to 180 days to up to 540 days. The final rule, effective January 13, 2025, will help prevent eligible renewal EAD applicants from experiencing a lapse in employment authorization due to lengthy federal agency processing times. The rule will apply to certain timely filed renewal EAD applications pending or filed on or after May 4, 2022.
EAD renewal applicants can qualify for the automatic extension if all the following qualifications are met:
- The Form I-797C, Notice of Action, receipt notice received for the pending Form I-765 renewal application has a “Received Date” that is before the “Card Expires” date shown on the face of the EAD;
- The Form I-797C, Notice of Action, receipt notice has a “Received Date” on or after May 4, 2022, and on or before Sept. 30, 2025;
- The renewal application is under a category that is eligible for an automatic extension; and
- The category on the current EAD matches the “Eligibility Category” or “Class Requested” listed on the Form I-797C, Notice of Action, receipt notice.
For further information, including an “Automatic Extension Eligibility Calculator” to determine the applicant’s actual EAD expiration date, please see https://www.uscis.gov/eadautoextend.
