USCIS Extends EAD Automatic Extension Period to 540 Days

Overview

In a significant policy update, the U.S. Citizenship and Immigration Services (USCIS) has permanently increased the automatic extension period for Employment Authorization Documents (EADs) from up to 180 days to up to 540 days. Effective January 13, 2025, this change aims to mitigate employment disruptions for noncitizens awaiting EAD renewals.

Background

The Department of Homeland Security (DHS) initially implemented a temporary final rule in May 2022, extending the automatic EAD extension to 540 days to address processing delays. Recognizing the ongoing need, DHS has now made this extension permanent.

Eligibility Criteria

To qualify for the 540-day automatic extension, applicants must:

• Timely File Form I-765: Submit the Application for Employment Authorization before the current EAD expires.
• Maintain Same Category: The renewal application must be under the same eligibility category as the existing EAD.
• Possess a Qualifying Receipt Notice: Hold a Form I-797C, Notice of Action, indicating receipt of the renewal application.

Impact on Employers and Employees

This policy change is designed to prevent lapses in employment authorization, benefiting employers and employees by providing continuity in the workforce. Employers are encouraged to familiarize themselves with the updated Form I-9 procedures related to this extension.

People Also Ask (PAA)

1. What is the new duration for automatic EAD extensions?
   • The automatic extension period for Employment Authorization Documents (EADs) has been permanently increased from up to 180 days to up to 540 days.
2. When did the 540-day EAD extension policy become effective?
   • The policy became effective on January 13, 2025.
3. Who is eligible for the 540-day automatic EAD extension?
   • Applicants who timely file Form I-765 for EAD renewal in the same eligibility category as their current EAD are eligible.
4. Does the 540-day extension apply to all EAD categories?
   • No, it applies to specific categories. Applicants should refer to the USCIS guidelines to confirm eligibility.
5. How does this extension benefit employers?
   • It reduces the risk of employment authorization lapses, ensuring workforce stability.
6. What documentation is required to prove the automatic extension?
   • An expired EAD, combined with a Form I-797C Notice of Action, is proof of continued employment authorization.
7. Are there any changes to the Form I-9 process due to this extension?
   • Yes, employers must update Form I-9 to reflect the extended authorization period.
8. What prompted USCIS to make this change permanent?
   • The change addresses persistent processing delays and aims to prevent employment disruptions.
9. Is the 540-day extension applicable to initial EAD applications?
   • No, it only applies to renewal applications filed before the current EAD expires.
10. Where can I find more information about the EAD extension policy?
    • Detailed information is available on the USCIS official website.

This permanent extension reflects USCIS’s commitment to improving the employment authorization process for noncitizens, ensuring they can maintain continuous employment while awaiting EAD renewals.