Tuesday Immigration Update

USCIS Extends Automatic EAD Renewals to 540 Days

On April 4, 2024, U.S. Citizenship and Immigration Services (USCIS) published a Temporary Final Rule that extends the automatic extension period for certain Employment Authorization Documents (EADs) from 180 days to 540 days.  This policy, which took effect on April 8, 2024, is intended to reduce employment disruptions caused by processing delays and will remain in effect through September 30, 2025.

This update is particularly relevant for individuals awaiting EAD renewals and employers managing I-9 compliance responsibilities.

Key Points of the USCIS EAD Extension Rule:

✔ Who Is Eligible

The automatic 540-day extension applies to individuals who:

• Timely filed Form I-765 renewal applications before their current EAD expired, and
• Fall within one of the eligible categories listed in 8 CFR 274a.12 (including certain H-4, L-2, E-1/E-2 spouses, TPS beneficiaries, pending asylum applicants, and adjustment of status applicants).

✔ When It Applies

• Applies to eligible renewal applications filed on or after October 27, 2023, and on or before September 30, 2025.
• Individuals who previously received a 180-day extension may benefit from the additional time if their EAD has not yet expired beyond the 180-day mark.

✔ What It Means for Employers

Employers may accept the expired EAD along with the I-765 receipt notice showing timely renewal filing as evidence of employment authorization, valid for up to 540 days beyond the original EAD expiration date.

Why It Matters

EAD processing delays have created challenges for both applicants and employers.  By increasing the extension period to 540 days, USCIS aims to reduce employment gaps and avoid unnecessary terminations or unpaid leave for workers in valid status.

This rule also helps employers maintain compliance and avoid disruptions caused by lapses in work authorization documentation.

Recommended Next Steps:

✔ Review the eligibility category listed on your EAD (Category Codes such as (c)(9), (a)(12), (c)(8), etc.);
✔ Check the filing date on your I-765 receipt notice;
✔ For employers: review and update I-9 records in accordance with DHS guidance;
✔ Monitor USCIS announcements for further updates as the policy nears expiration in 2025; and
✔ Seek legal advice to determine eligibility or respond to employer documentation requests.

Legal Guidance for EAD Renewals and ComplianceAt the Law Office of Julia L. Stommes, we stay up to date on USCIS policy changes to help individuals and businesses make informed immigration decisions.  If you have questions about EAD renewals, documentation requirements, or how this rule affects your case, contact us at [email protected].

We are here to help you stay authorized, compliant, and prepared.

If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help.  At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.
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The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice.  To schedule a Consultation to discuss your legal immigration options, please email us at [email protected].