On December 10, 2024, United States Citizenship and Immigration Services (“USCIS”) and the Department of Homeland Security (“DHS”) provided an advance copy of a final rule permanently increasing the automatic extension period of employment authorization and documentation for certain renewal applicants.
The final rule, which follows the publication of two temporary rules, will amend DHS regulations to permanently increase the automatic extension period for expiring employment authorization and/or Employment Authorization Documents (Forms I-766 or EADs) for certain renewal applicants who have timely filed Form I-765, Application for Employment Authorization, from up to 180 days to up to 540 days
In its advance copy of the rule, DHS states that it has made the increase permanent in order to help prevent eligible renewal EAD applicants from experiencing a lapse in employment authorization and/or the validity of their EAD as a result of lengthy USCIS processing times. DHS’ most recent temporary final rule had already increased the automatic extension period to 540 days, and similarly “focused on near-term needs of renewal applicants, their families, and employers by substantially reducing the number of applicants who would experience harmful effects created by gaps in their employment authorization and/or documentation.”
The rule will be published in the Federal Register on December 13, 2024, and will become effective 30 days after publication.
If you require assistance with acquiring or renewing an EAD, please contact Stephen Antwine at santwine@gands-us.com or 215-395-8959.
