DHS Permanently Increases Automatic Extension of Certain Employment Authorization Documents for Certain Applicants

On December 10, 2024, The Department of Homeland Security (“DHS”) announced a permanent increase in the automatic extension period for employment authorization documents (“EADs”) up to 540-days from the current 180-days period for certain applicants who timely and properly filed their Form I-765 applications for work authorization.

The rule, which was made in an effort to improve access to work permits, foster economic growth, and support US employers, was first introduced by United States Citizenship and Immigration Services (“USCIS”) as a temporary solution beginning May 4, 2022. Beginning December 13, 2024, the rule was made permanent and will grant 540-days auto-renewals to foreign nationals with the following corresponding eligibility categories listed on the Form I-765 renewal application:

  •  (a)(3)     Refugee;

  • (a)(5)     Asylee;

  • (a)(7)     N-8 or N-9;

  • (a)(8)     Citizen of Micronesia, Marshall Islands, or Palau;

  • (a)(10)  Withholding of Deportation or Removal Granted;

  • (a)(12)  Temporary Protected Status (TPS) Granted;

  • (a)(17)  Spouse of principal E nonimmigrant with an unexpired I-94 showing E (including E-1S, E-2S and E-3S) nonimmigrant status;

  • (a)(18)  Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 (including L-2S) nonimmigrant status;

  • (c)(8)     Asylum Application Pending;

  • (c)(9)     Pending Adjustment of Status under Section 245 of the Act;

  • (c)(10)   Suspension of Deportation Applicants (filed before April 1, 1997)

  • Cancellation of Removal Applicants

  • Special Rule Cancellation of Removal Applicants Under NACARA;

  • (c)(16)   Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972);

  • (c)(19)   Pending initial application for TPS where USCIS determines applicant is prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit”;

  • (c)(20)   Section 210 Legalization (pending I-700);

  • (c)(22)   Section 245A Legalization (pending I-687);

  • (c)(24)   LIFE Legalization;

  • (c)(26)   Spouses of certain H-1B principal nonimmigrants with an unexpired H-4 I-94; OR

  • (c)(31)   VAWA Self-Petitioners.

For eligible applicants who have filed their EAD extension requests properly and within the specified time, automatic extensions begin on the day after the expiration date listed on the front of the EAD and generally continues for up to 540 days. The extension comes to an end “when the applicant receives a final decision on their renewal application or when the 540-day period expires, whichever comes earlier.” Applicants are welcome to confirm their eligibility for the automatic extensions and determine their auto-extended EAD expiration date on USCIS’s website.