U.S. Citizenship and Immigration Services (USCIS) announced on April 8, 2024, that they will increase the automatic extension period for Employment Authorization Documents (EADs) up to 540 days. The increase will be effective immediately.
This applies to those EAD categories currently eligible for an automatic 180-day extension and to those individuals who timely filed a renewal of employment authorization on or after Oct. 27, 2023, whose EAD application is still pending. In addition, the announcement applies to any eligible applicant who files a renewal EAD application from April 8, 2024, to Sept. 30, 2025, in one of the categories listed below.
The automatic extension generally will end upon notification of a final decision on the renewal application or the end of the up to 540-day period, whichever comes earlier.
The following renewal applicants are eligible for an automatic extension:
- Asylees and refugees: (a)(3) and (a)(5)
- Asylum applicants: (c)(8)
- TPS holders: (a)(12)
- TPS initial applicants with prima facie case eligible for EAD as “temporary treatment benefit”: (c)(19)
- Adjustment of status applicants: (c)(9)
- Registry applicants: (c)(16)
- Legalization, LIFE Legalization and SAW applicants: (c)(20), (22), and (24)
- VAWA self-petitioners: (c)(31)
- Withholding of deportation or removal granted: (a)(10)
- Applicants for suspension of deportation and cancellation of removal, including NACARA cancellation: (c)(10)
- Citizen of Micronesia, Marshall Islands, or Palau: (a)(8)
- N-8 and N-9 nonimmigrants: (a)(7)
Under the new rule, a timely renewal application submitted by an applicant in one of the categories listed above will automatically extend the existing EAD by up to 540 days if the renewal is for an EAD in the same category. A noncitizen with an expired EAD may present to their employer the Form I-797C receipt notice for the EAD application to show that their EAD has been automatically extended as evidence of continued employment authorization. This way, you will be allowed to keep your jobs despite the fact that your current EAD has expired.
If you have any questions, our office staff at Christensen Immigration can help. Give us a call at 972-418-0003.