DHS Permanently Increases Automatic Work Authorization Extension for Certain EAD Renewal Applicants to 540 Days

The Department of Homeland Security announced that they will soon make permanent a 540-day automatic extension of work authorization for certain foreign nationals who have filed a timely renewal of their employment authorization document (EAD). The regulation does not expand the categories of EAD eligible for the auto-extension. The regulation is set to take effect on January 13, 2025 and will apply to eligible applicants with timely filed renewal EAD applications pending or filed on or after May 4, 2022. Check the USCIS website to determine if your EAD category is eligible for this automatic work authorization extension.

Employers should maintain Form I-9 compliance and should be aware of the permanent implementation of the EAD auto-extension period and identify employees who may benefit from it. It is not yet clear if the incoming Trump Administration will maintain this rule, but they have the authority to reverse it, if they choose.