DHS Announces Permanent Increase of the Automatic Extension Period for Certain Employment Authorization Document Renewal Applicants

Posted On December 10, 2024

The Department of Homeland Security (DHS) today announced a final rule that will permanently extend the automatic period for employment authorization documentation (EAD) from up to 180 days to up to 540 days from the expiration date stated on the EAD cards for certain renewal applicants. This applies to individuals who have timely filed the Form I-765 (Application for Employment Authorization) to renew their EADs.

DHS has made permanent a temporary rule published on April 8, 2024. The change ensures that eligible applicants for EAD renewals are less likely to face gaps in employment authorization while awaiting processing of their renewal requests. These gaps can affect noncitizens, their families, employers, and the public at large.

The new automatic extension period of up to 540 days applies to EAD renewal applications that were pending or filed on or after May 4, 2022. Even if an EAD expires, it remains valid when combined with the Form I-797C receipt notice for a timely renewal application, provided other requirements are met. Applicants and employers can use the Automatic Extension Eligibility Calculator to verify eligibility and the new expiration date of the extended EAD.

This rule will go into effect on January 10, 2025, 30 days after its publication in the Federal Register.

For more information, please visit: https://www.dhs.gov/news/2024/12/10/dhs-announces-permanent-increase-automatic-extension-period-certain-employment