DHS again temporarily increases EAD automatic extension period to 540 days

Policy effect

DHS temporarily increased the automatic extension period for certain timely filed EAD renewal applicants to up to 540 days for applications pending on or after April 8, 2024 or filed during the covered period.

Conditions and exceptions

Validated condition or limit: DHS temporarily increased the automatic extension period for certain timely filed EAD renewal applicants to up to 540 days for applications pending on or after April 8, 2024 or filed during the covered period.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Security 8 CFR Part 274a [CIS No. 2767-24; DHS Docket No. USCIS-2024-0002] RIN 1615-AC78 ( printed page 24628) AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Temporary final rule with request for comments. SUMMARY: This rule temporarily amends existing Department of Homeland Security (DHS) regulations to provide that the automatic extension period applicable to expiring Employment Authorization Documents (Forms I-766 or EADs) for certain renewal applicants who have filed Form I-765, Application for Employment Authorization (EAD application), will be increased from up to 180 days to up to 540 days from the expiration date stated on their EADs. DHS is taking these steps to help prevent renewal applicants from experiencing a lapse in their employment authorization and documentation. DATES: Effective dates: This temporary final rule (TFR) is effective April 8, 2024, through September 20, 2027, except for the amendments to 8 CFR 274a.13(d)(5), which are effective from April 8, 2024 through October 15, 2025. Submission of public comments: Comments must be received on or before June 7, 2024. ADDRESSES: You may submit comments on the entirety of this temporary final rule package … employment authorization, their families, their employers, and the public at large. To avert these gaps in employment authorization and/or EAD validity for certain renewal EAD applicants, and the resulting harmful effects gaps can cause, DHS is temporarily amending existing DHS regulations to increase the automatic extension period applicable to expiring employment authorization and/or EADs (Form I-766) for certain renewal applicants who have filed EAD applications from up to 180 days to up to 540 days from the expiration date stated on their EADs. The increase will be available to any eligible renewal EAD applicant with an application filed on or after October 27, 2023, and pending on or after April 8, 2024 and any eligible applicant who files a renewal EAD application during the 540-day period beginning on or after April 8, 2024 and ending September 30, 2025. DHS has decided to focus on near-term uncertainty and critical needs of applicants, their families, and their employers by ensuring that, through this TFR, none of them will imminently or in the near-term experience the harmful effects caused by gaps in employment authorization and/or EAD validity due to processing delays. At the same … are eligible for an automatic extension of their employment authorization and/or EADs will receive the 180-day automatic extension period currently provided at 8 CFR 274a.13(d)(1). This TFR applies to two groups of applicants. First, the rule applies to those renewal applicants eligible for the automatic extension who have filed their renewal EAD applications on or after October 27, 2023,[185] which remain pending as of the date this rule goes into effect, [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER ], and whose EAD has not expired or whose current up to 180-day auto-extension has not … yet lapsed, since this group is at imminent or near-term risk of experiencing a gap in employment authorization and/or documentation.[186] Second, the rule applies to new renewal applicants who file their EAD applications during the 18-month period following the rule's effective date to avoid a future gap in employment authorization and/or documentation.[187] However, in recognition of Congress' clear intent in the INA to prohibit and provide penalties for unauthorized employment, including the accountability of employers that employ noncitizens who are not authorized to work in the United States …

Review method

Two separate automated exact-claim source reviews

Other United States changes operative in 2024

• 2024-01-24USCIS Policy Update on Untimely Filed Requests for Extension of Stay and Change of Status
• 2024-01-29State Department announces domestic H-1B visa renewal pilot
• 2024-02-26DHS adjusts premium processing fees
• 2024-04-01DHS finalizes USCIS fee schedule changes effective April 2024
• 2024-05-26suspension of the employment limitations is available through November 25, 2025
• 2024-06-05DHS and DOJ issue Securing the Border asylum interim final rule
• 2024-06-05Presidential Proclamation 10773 — Securing the Border
• 2024-06-13Employment relief for Ethiopian F-1 students facing severe economic hardship
• 2024-06-13The Secretary is also redesignating Ethiopia for TPS.
• 2024-07-01HHS unaccompanied children foundational rule takes effect
• 2024-08-19DHS implements Keeping Families Together parole-in-place process
• 2024-08-28DHS corrects T nonimmigrant final rule before effective date
• 2024-09-10Extension of Form I-90 Green Card Validity to 36 Months for Renewals
• 2024-10-02EB-1 Extraordinary Ability Evidentiary Criteria Clarification
• 2024-11-07DHS adds Belize to H-2A and H-2B eligible-country lists
• 2024-12-02DHS and DOL add 64,716 H-2B visas for FY2025