The USCIS has announced a temporary final regulation to EAD Extensions to 540 Days in specific renewal categories from 180 days to a maximum of 540 days.

Key Insights:

USCIS expanded the automatic extension duration for qualifying EADs from a maximum of 180 days to a maximum of 540 days for individuals who submitted their Form I-765 applications in a timely and correct manner.

Eligible individuals include those who submitted their Form I-765:

1. On or after October 27, 2023, and if the application is still pending as of April 8, 2024; or
2. On or after April 8, 2024, and on or before September 30, 2025.

This regulation took effect on April 8, 2024, and will remain in force until September 30, 2025.

Due to the increasing volume of renewal EAD applicants, USCIS determined that the 180-day automatic extension does not provide enough time for renewal applicants to avoid experiencing a lapse in their employment authorization.

As a result, USCIS extended the automatic extension period for certain EAD applicants from 180 days to up to 540 days beyond the expiration date of the current EAD. However, this previous temporary final rule expired on October 26, 2023.

Without this temporary final rule, USCIS estimates that around 800,000 renewal EAD applicants would be at risk of losing work authorization due to processing delays in the next two-year period starting from May 2024.

Key Points

USCIS has issued an invitation to the public to provide feedback on whether the regulation should undergo permanent revision to extend the automatic extension period for eligible EAD applicants. Additionally, USCIS seeks input on whether an alternative extension period or solution should be adopted to alleviate the risk of employment authorization expiring for eligible EAD applicants, which may occur due to processing delays beyond their control.

• For eligible applicants who submitted a Form I-765 renewal application between May 4, 2022, and October 27, 2023, their Form I-797C receipt notice already indicates the 540-day automatic extension. This notice, along with the underlying EAD and an unexpired Form I-94 (for applicable H-4, E, or L-2 dependent spouse), will serve as sufficient documentation for I-9 purposes.
• For those who filed a Form I-765 renewal application between October 27, 2023, and April 8, 2024, USCIS will not issue a new Form I-797C mentioning the 540-day extension period. Instead, the Form I-797C receipt notice indicating a 180-day automatic extension, along with the underlying EAD and an unexpired Form I-94 (for applicable dependents), will be adequate for I-9 verification. USCIS will update the I-9 Central webpage to confirm the acceptability of these documents as proof of the automatic extension of employment authorization.
• For eligible applicants submitting a Form I-765 renewal application on or after April 8, 2024, USCIS will provide a Form I-797C receipt notice that explicitly mentions the 540-day automatic extension. This notice, along with the underlying EAD and an unexpired Form I-94 (for applicable dependents), will be sufficient for I-9 purposes.

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