DHS Publishes Final Rule Authorizing Automatic EAD Extensions

By John F. Quill, Maryanne Kline, Zoe Balkan

On December 13, 2024, the Department of Homeland Security (DHS) published a final rule in the Federal Register to codify the automatic extension period for certain classifications of Employment Authorization Documents (EADs). The final rule creates an automatic 540-day extension for certain EADs if the applicant files a timely application for extension to United States Immigration and Citizenship Services (USCIS).

DHS has determined that the 180-day automatic extension historically available to certain EAD categories is no longer sufficient. Specifically, DHS determined that it does not provide adequate time to address large spikes in EAD filings and other expected circumstances that may cause increased EAD renewal processing times. To prevent harmful effects of these delays, DHS has amended existing regulations to permanently increase the automatic extension period to 540 days.

Background

DHS first implemented a 180-day automatic extension period for certain EADs in 2016. Since that time, DHS has issued two temporary final rules increasing the automatic extension period for certain EADs for up to 540 days. This was implemented to prevent a substantial number of EAD renewal applicants from experiencing a lapse in their employment authorization due to processing delays at USCIS. However, the most recent temporary final rule had a sunset provision of September 30, 2025. The new rule makes the 540-day extension permanent for EAD renewals in designated categories.

Eligibility for 540-day extension

The 540-day extension applies to individuals with existing EAD cards who meet the following criteria:

  • Have an EAD in one of the categories that are eligible for an automatic extension, available here.
  • Have filed an EAD extension application to USCIS, on or after May 4, 2022.
  • Have filed the EAD extension application before the expiration date of their existing EAD; and
  • Have filed for an EAD renewal in the same category as the existing EAD.

Analysis

This final rule is welcome news to individuals and employers. During the prior Trump administration, EAD processing times at USCIS slowed significantly, and many individuals faced gaps in work authorization when their EAD renewal applications were still pending after 180-day automatic extension period was exhausted. The 540-day extension rule provides more assurance of uninterrupted work authorization.

For more information, please contact your Mintz Immigration attorney.

 

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    John F. Quill

    John F. Quill

    Member / Chair, Immigration Practice

    John’s practice encompasses all aspects of immigration and nationality law. John draws on over two decades of experience to help companies and their employees obtain nonimmigrant visas, including B, E, H, J, L, O, and TN visas. He also handles applications for PERM labor certification; extraordinary ability, outstanding researcher, and national interest waiver petitions; adjustment of status procedures; consular processing; and naturalization.
    Maryanne Kline

    Maryanne Kline

    Practice Group Associate

    Maryanne Kline is a Practice Group Associate at Mintz. Her practice focuses on US federal immigration law, with a concentration on business-based immigration issues. Maryanne counsels clients on issues related to hiring foreign nationals, executives, managers, and other workers.
    Zoe Balkan

    Zoe Balkan

    Zoe works as an intern in the firm’s Boston office through the Northeastern University cooperative education program.