On April 4, 2024, USCIS announced a temporary final rule (TFR) to increase automatic EAD extensions for certain employment authorization documents (EADs) from up to 180 days to up to 540 days.
The longer auto-extension period will be available to eligible foreign nationals with Form I-765 renewal applications which were timely filed on or after October 27, 2023 and still pending as of April 8, 2024, and to eligible applicants who file Ead Renewal applications between April 8, 2024 and September 30, 2025.
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The list of EAD categories that will qualify for the 540-day auto-extension includes the following categories:
* Adjustment of status (C09);
* Temporary Protected Status (TPS) (A12 or C19);
* Refugees and asylees (A3 and A5);
* Noncitizens who have properly filed applications for asylum and withholding of deportation or removal (C08);
* Approved self-petitioners under the Violence Against Women Act (VAWA) and their qualified children (A31);
* H-4 spouses with an unexpired H-4 I-94 (C26);
* E-1, E-2, and E-3 spouses with an unexpired E spousal I-94 (A17), noting however, that such individuals are not required to apply for an EAD, as they are employment-authorized incident to their valid E-1S, E-2S, or E-3S status; and
* L-2 spouses with an unexpired L-2 I-94 (A18), noting however, that such individuals are not required to apply for an EAD, as they are employment-authorized incident to their valid L-2S status.
This temporary measure will apply to eligible applicants who timely and properly filed an EAD renewal application on or after Oct. 27, 2023, if the application is still pending on the date of publication in the Federal Register. The temporary final rule will also apply to eligible Ead Renewal Applicants who timely and properly file their Form I-765 application during a 540-day period that begins with the rule’s publication in the Federal Register.
Absent this measure, nearly 800,000 EAD renewal applicants – including those eligible for employment authorization as asylees or asylum applicants, Temporary Protected Status (TPS) applicants or recipients, and green card applicants – would be in danger of experiencing a lapse in their employment authorization, and approximately 60,000 to 80,000 employers would be negatively impacted as a result of such a lapse. EADs are generally valid for the length of the authorized parole period. This TFR does not extend the length of parole.
