USCIS expands automatic extension period for Employment Authorization Documents (EADs) to 540 days

The United States Citizenship and Immigration Services (USCIS) has announced an extension to the automatic extension period for Employment Authorization Documents (EADs), effective April 4, 2024. This temporary final rule (TFR) extends the period to up to 540 days, providing relief to eligible applicants, particularly benefiting Indian immigrants.

The move aims to prevent work-authorized noncitizens from facing employment authorization lapses while awaiting USCIS adjudication of their pending EAD renewal applications. By ensuring continuity of operations for US employers, the immigration agency intends to support the economy and facilitate workforce integration.

The extension applies to eligible applicants who properly filed an EAD renewal application on or after October 27, 2023, and whose applications are still pending on the date of publication in the Federal Register.

USCIS Director Ur M. Jaddou highlighted this measure as part of the Biden-Harris Administration's efforts to bolster workforce participation among work-authorized individuals. Despite reductions in processing times for most EAD categories over the past year, a surge in application volume prompted the need for this extended relief.

Community advocacy, collaborative efforts, and policy shaping have played crucial roles in influencing this announcement, according to Indian American Ajay Bhutoria, a member of the White House Asian American and Native Hawaiian Pacific Islander Commission.

The previous temporary final rule, which increased the automatic extension period for some EADs, expired in October 2023. The new extension, expected to be officially published on April 8, 2024, will remain effective until September 2025.

The longer extension period, up to 540 days, acknowledges the necessity due to application volume and processing times. Without it, nearly 800,000 EAD renewal applicants would risk employment authorization lapses, affecting approximately 60,000 to 80,000 employers.

This USCIS announcement complements ongoing efforts to streamline EAD processes, reduce processing times, and enhance accessibility for eligible noncitizens. The agency's commitment to efficiency includes measures such as reducing processing times for green card applicants, increasing outreach efforts, and simplifying processes for refugees and asylum seekers.

Eligible applicants are encouraged to refer to USCIS resources for specific eligibility requirements and updates on the implementation of the Temporary Final Rule.