DHS Announces Permanent Increase of the Automatic Extension Period for Certain EAD Renewal Applicants

The Department of Homeland Security (DHS) announced a final rule that will permanently increase 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.

This final rule reduces 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 ensures continuity of operations for U.S. employers.

What’s next: 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.

Erickson Insights & Analysis

For more information, visit the Automatic Employment Authorization Document Extension page. Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.