DHS Publishes Rule Permanently Increasing 540-Day Automatic Extensions of Employment Authorization Documents for Certain Categories

In December 2024, the U.S. Department of Homeland Security published a final rule that permanently increased automatic extension periods of certain employment authorization documents to 540 days from the expiration date of the face of the Employment Authorization Document (“EAD” or Form I-766). Previously, the automatic extension period for qualifying applicants was 180 days.

This final rule became effective on January 13, 2025. The new automatic extension period is available to certain qualifying applicants who can establish all of the following:

• A Form I-797C, Notice of Action, receipt notice for the pending Form I-765 renewal application has a “Received Date” that is before the “Card Expires” date shown on the face of the EAD;
• The Form I-797C, Notice of Action, receipt notice has a “Received Date” on or after May 4, 2022 or, the Form I-797C, Notice of Action, receipt notice has a “Received Date” before May 4, 2022, but the Form I-765 renewal application was pending on May 4, 2022;
• The renewal application is under a category that is eligible for an automatic extension (see link to the list of categories below); and
• The category on the individual’s current EAD matches the “Eligibility Category” or “Class Requested” listed on the Form I-797C, Notice of Action, receipt notice.

If all the above factors are met, then an individual’s employment authorization is generally automatically extended for up to 540 days while the EAD renewal application is pending.  The extension ends when the individual receives a final decision on their renewal application or when the 540-day period expires, whichever is earlier. This automatic extension period continues to help prevent eligible renewal EAD applicants from experiencing a lapse in employment authorization and/or the validity of their EAD due to lengthy processing times with the U.S. Citizenship and Immigration Services. 

A few key reminders for employers:

• Not all categories are eligible for automatic extension. Consult the USCIS website for up-to-date information on categories eligible for automatic extensions.
• For assistance with calculating the 540-day automatic extension period, use the USCIS’s Automatic Extension Eligibility Calculator.
• Certain categories’ auto-extension time period is limited to their Form I-94 end date. For category codes A17, A18, and C26, the earlier of the I-94 end date or the 540-day extension is the auto-extended EAD date.
• Generally, individuals must show an employer proof that their EAD has been automatically extended by providing the Form I-797C, Notice of Action, receipt notice showing the individual timely filed a renewal of the EAD in the same category and that it is a category eligible for the automatic extension.