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

USCIS, Dec. 10, 2024

"The Department of Homeland Security (DHS) announced a final rule that will support U.S. employers, foster economic growth, and improve access to employment authorization documents (EAD) for eligible individuals by permanently increasing the automatic extension period of employment authorization and employment authorization documentation from up to 180 days to up to 540 days for eligible noncitizens who file a timely request to renew their work authorization. This announcement responds to feedback from the business community to create more certainty for employers.

Over the past several years, USCIS has significantly reduced processing times for EAD applications as part of its ongoing efforts to help support the U.S. economy, its employers, and those who Congress has made eligible to work here. This final rule continues these efforts by reducing the likelihood that lapses in employment authorization for eligible noncitizens will occur, while U.S. Citizenship and Immigration Services adjudicates their EAD renewal requests and better ensure continuity of operations for U.S. employers. The need is clear, as USCIS received and processed a record number of EAD applications this year. This is the latest step by the Biden-Harris Administration to keep eligible work-authorized individuals in the workforce, supporting our local economies, businesses, and communities.

“Since January 2021, the American economy has created more than 16 million jobs, and the Department of Homeland Security is committed to helping businesses fill them,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Increasing the automatic extension period for certain employment authorization documents will help eliminate red tape that burdens employers, ensure hundreds of thousands of individuals eligible for employment can continue to contribute to our communities, and further strengthen our nation’s robust economy.”

“USCIS is committed to reducing unnecessary barriers and burdens in the immigration system to support our nation’s economy,” said USCIS Director Ur M. Jaddou. “This final rule will help U.S. employers better retain their workers and help prevent workers with timely-filed EAD renewal applications from experiencing lapses in their employment authorization and employment authorization documentation through no fault of their own.”

The final rule will become effective on January 13, 2025, and will apply to eligible applicants with timely filed renewal EAD applications pending or filed on or after May 4, 2022.

This final rule aligns with USCIS’ ongoing efforts to support eligible individuals’ ability to work and contribute to the U.S. economy. In addition to today’s final rule, USCIS has taken a number of steps to reduce EAD processing times overall and streamlined adjudication processing, including:

• Reducing by half the median EAD processing times for individuals with pending applications for adjustment of status from fiscal year 2021 to date;
• Engaging with communities to educate work-eligible individuals and providing on-the-ground intake support for applicants;
• Reducing EAD application processing times for asylum applicants and certain parolees to less than or equal to a 30-day median;
• Extending the EAD validity period for certain categories of applicants from two years to five years;
• Streamlining the processing of refugee EAD applications; and
• Expanding online filing of EAD applications to asylum applicants and parolees.

For more information, visit the Automatic Employment Authorization Document Extension page."