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USCIS Reintroduces 540-Day Automatic EAD Extension
by Phil on May 30, 2024 11:38:06 AM
In April 2024, the USCIS issued a Temporary Final Rule, reintroducing the 540-day automatic extension for certain Employment Authorization Document (EAD) renewal applicants, a significant increase from the previous 180-day policy. This helps ensure that many nonimmigrant workers, such as those on an H4 visa, can work without interruption.
The rule applies to those whose EADs are expiring but have filed for renewal in a timely manner. This recent change was necessitated by ongoing delays at the USCIS, which resulted in employment authorization gaps affecting both employees and employers.
According to the USCIS, the extended 540-day automatic EAD extension is designed to lessen employment disruptions for foreign workers affected by the agency’s processing backlogs. Despite some recent improvements in processing times, the former 180-day extension proved insufficient for many, leading to employment authorization lapses.
How Does Automatic EAD Extension Work?
EAD renewals have often involved significant processing delays, leaving holders unable to work. To mitigate this issue, the Department of Homeland Security (DHS) introduced automatic extensions for renewal applicants meeting specific criteria.
In May of 2022, a temporary final rule extended the automatic extension period from 180 days to 540 days for certain applicants, effective until October 26, 2023. Beginning on October 27, 2023, the original 180-day extension period resumed for eligible applicants.
However, the USCIS has since observed that the 180-day automatic extension falls short in preventing employment authorization lapses due to surging volumes of applications. Without reinstating the 540-day extension, the USCIS estimated that around 800,000 EAD applicants could face the loss of work authorization due to processing delays.
Therefore, as noted above, the USCIS reintroduced the 540-day extension for certain EAD renewals, easing the process for eligible applicants.
Please note that an automatic EAD extension doesn’t mean that your renewal application is abandoned. It only gives the USCIS the time it needs to process your application. Once your renewal is approved and you have your new EAD, your work authorization remains intact until its expiration.
However, if your renewal application is denied, your automatic extension ends immediately, regardless of the remaining validity. This means losing your right to work. As such, be careful to avoid errors during the application process to minimize such risks.
Eligibility for the Automatic EAD Extension
Who Is Eligible?
A number of visa categories are eligible for automatic EAD extension, including H4 spouses of H1B holders who have an approved I-140. If you fall under an eligible category, have filed your Form I-765, and are renewing within the same category you may receive an automatic work authorization extension. This extension doesn’t apply if your employment eligibility depends on the approval of another benefit.
For H4 EAD renewals, your eligibility for the automatic extension depends on whether your I-94 for H4 status extends beyond the validity of your current EAD. Without an extended H4 status, you cannot continue working even with a timely renewal application.
Applicants who submit their Form I-765 applications between April 8, 2024 and September 30, 2025 are eligible to benefit from the 540-day extension period.
Who Is Ineligible?
F1 students with pending STEM OPT extension applications aren’t eligible for the automatic extension period increase specified in either the 2022 or 2024 temporary final rules. If you file your STEM OPT extension on time and your current OPT expires during the pending period, your employment authorization will be automatically extended for 180 days, ending when the USCIS adjudicates your extension application.
Extending your EAD
To avoid gaps in work authorization or other issues with your EAD, pursue an extension before your current EAD expires. In general, aim to extend your EAD between 90 and 180 days before it expires.
The EAD extension process largely mirrors the initial application, involving the filing of Form I-765 with the USCIS and paying the necessary fees. Gather all required supporting documents and mail the completed address based on your EAD category and current residence to avoid delays.
Eligible applicants who filed Form I-765 renewal applications between May 4, 2022 and October 27, 2023 received or will receive Form I-797 receipt notices indicating the 540-day automatic extension. For I-9 purposes, this receipt notice, along with the underlying EAD and unexpired Form I-94 should qualify you for the extension.
In addition, applicants filing between October 27, 2023 and April 8, 2024 will not receive an updated I-797 notice but can use their receipt notice referencing a 180-day extension.
Conclusion
The reintroduction of the 540-day automatic EAD extension addresses processing delays and supports the continuity of your employment. Extending the automatic renewal period helps to minimize the impacts of USCIS backlogs and reduces disruptions for both your and your employer.
To maintain work authorization, you need to submit an extension application timely and accurately. While the 540-day extension provides a buffer against processing delays, submitting an application too late or with errors can jeopardize your employment status.