DHS Permanently Increases the Automatic Extension Period for EAD Renewals to Support US Employers

The Department of Homeland Security (DHS) announced a final rule to permanently increase the automatic extension period for employment authorization and Employment Authorization Documents for certain applicants. The final rule will help to prevent eligible renewal applicants from experiencing a lapse in employment authorization due to longer processing times.

What This Means for Employers

In response to feedback from the business community to create more certainty for employers, this final rule reduces the likelihood that lapses in employment authorization for eligible noncitizens will occur and helps to ensure business continuity for U.S. employers.

Key updates of the final rule:

• Effective starting January 13, 2025
• Permanently increases the automatic extension period for employment authorization and Employment Authorization Documents from up to 180 days to up to 540 days
• Will apply to eligible applicants with filed timely renewal EAD applications pending or filed on or after May 4, 2022

 USCIS also indicated that the final rule aligns with additional steps taken to streamline EAD and adjudication processing, including reducing median EAD processing times by half for individuals with pending applications for adjustment of status from fiscal year 2021 to date, extending the EAD validity period for certain categories of applicants from two years to five years and streamlining processing for refugee and asylum applicants.