540-Day Automatic Extension for Certain EAD Renewal Applicants Made Permanent

The Department of Homeland Security (DHS) announced a final rule that will permanently increase the automatic extension period of Employment Authorization Document (EAD) from 180 to 540 days for Eligible applicants who file a timely application for EAD renewal. Eligible EAD categories include AOS EAD, H4 EAD, L2S EAD, E1S/E2S/E3S EAD, and more. This rule will be effective on Jan. 10, 2025, 30 days after the date of publication in the Federal Register.

With the automatic extension rule, an eligible EAD that is expired on its face is considered unexpired when combined with a Form I-797C receipt notice indicating a timely filed EAD renewal application was received by USCIS. Individuals and their employers may use the Automatic Extension Eligibility Calculator to confirm eligibility requirements and determine an auto-extended EAD expiration date.  For example, if an H4 EAD expired on December 1, 2024, and the Form I-797C receipt notice shows that an EAD renewal application was received by USCIS prior to December 1, 2024, then employment authorization is automatically extended through May 25, 2026 (540-days after December 1, 2024), or the H4 holder’s I-94 expiration date, whichever is earlier.

This change is the latest step by the Biden-Harris Administration to reduce the likelihood of gaps in employment authorization resulting from USCIS processing delays.