USCIS Increases Automatic Extension Period of EADs

U.S. Citizenship and Immigration Services (USCIS) announced today that it has issued a new temporary final rule that increases the automatic extension period for employment authorization documents (EADs) to 540 days.  

Why Did USCIS Increase the EAD Automatic Extension Period? 

Previously, the automatic extension period for certain EADs was 180 days. By increasing the automatic extension period to 540 days, USCIS hopes to reduce lapses in employment authorization as USCIS works to further reduce processing times. The automatic extension will also help U.S. employers continue their operations without interruption.  

Who is Affected?  

The temporary final rule applies to eligible applicants who properly filed an EAD renewal application on or after Oct. 27, 2023, provided their application is still pending on the date the temporary final rule was published in the Federal Register. The temporary final rule also applies to eligible EAD renewal applicants who file their Form I-765 application, properly and on time, during a 540-day period starting with the rule’s publication in the Federal Register.  

What are the Benefits?  

The temporary final rule is consistent with USCIS’s ongoing efforts to enable employment-authorized individuals to continue working. Without the new temporary measure, approximately 800,000 EAD renewal applicants, including asylees and asylum applicants, green card applicants, and Temporary Protected Status (TPS) applicants or recipients, would be at risk of having their employment authorization lapse. As a result, up to 80,000 employers would be negatively impacted.  

Other USCIS Efforts to Reduce Processing Times  

USCIS has made other improvements to reduce EAD processing times and streamline adjudication processing, including:  

  • Processing a record volume of EAD applications in 2023 
  • Reducing EAD processing times by half for people with pending green card applications from FY 2021 through the present time 
  • Reducing EAD processing times for asylum applicants and certain parolees to a 30-day median or less 
  • Extending EAD validity for certain categories from two to five years  
  • Extending online filing for EADs to asylum applicants and parolees  
  • Streamlining the EAD process for refugees  
  • Working with communities to educate work-eligible individuals  

USCIS will announce any other improvements to processing times as they occur.  

Subscribe to Immigration News Alerts from Envoy

Envoy is pleased to provide you with this information, which was prepared in collaboration with Joy Ang, Partner, at Corporate Immigration Partners, P.C., a U.S. law firm who provides services through the Envoy Platform (the “U.S. Law Firm”).       

Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. Envoy is not a law firm, and does not provide legal advice. If you would like guidance on how this information may impact your particular situation and you are a client of the U.S. Law Firm, consult your attorney. If you are not a client of the U.S. Law Firm working with Envoy, consult another qualified professional. This website does not create an attorney-client relationship with the U.S. Law Firm.