Automatic Extension of Employment Authorization Temporarily Expanded

The U.S. Department of Homeland Security has published a rule that temporarily increases the automatic extension period of employment authorization and/or Employment Authorization Document (Form I-766 or EAD) validity from up to 180 days to up to 540 days. 

The details

Under the temporary rule, eligible employees with EADs that contain certain category codes are generally eligible for an automatic extension of their employment authorization and/or EADs for up to 540 days from the “Card Expires” date on the face of the EAD. 

The automatic extension of up to 540 days is available to eligible EAD renewal applicant whose Form I-765 was filed on or after Oct. 27, 2023, and was pending on April 8, 2024, or whose EAD Forms I-797C, Notices of Action, have a “Received Date” from April 8, 2024, through September 30, 2025.

The automatic extension period for qualifying EADs will revert to up to 180 days for applicants who timely file Form I-765 renewal applications after Sept. 30, 2025.

Next steps

• Use the Employment Authorization Document (EAD) Automatic Extension Calculator  from U.S. Citizenship and Immigration Services (USCIS) for additional information and help calculating an employee’s extension.
  
  
• Read updated guidance in the I-9 Handbook for Employers from USCIS.