USCIS Extends Automatic Extension Period for EADs to 540 Days

The United States Citizenship and Immigration Services (USCIS) has announced a Temporary Final Rule (TFR) effective April 8, 2024, increasing the automatic extension period for Employment Authorization Documents (EADs) to up to 540 days. This extension aims to provide work authorization to those facing delays in EAD renewal adjudications.


The temporary final rule applies to several EAD categories eligible for an automatic 180-day extension, as well as to individuals who timely filed a renewal of employment authorization on or after Oct. 27, 2023, with pending EAD applications as of April 8, 2024. Additionally, the TFR extends to eligible applicants filing renewal EAD applications from April 8, 2024, to Sept. 30, 2025, in specified categories, including asylees, refugees, TPS holders, adjustment of status applicants, and more.


The following renewal applicants are eligible for an automatic extension:


  • Asylees and refugees: (a)(3) and (a)(5)
  • Asylum applicants: (c)(8)
  • TPS holders: (a)(12)
  • TPS initial applicants with prima facie case eligible for EAD as “temporary treatment benefit”: (c)(19)
  • Adjustment of status applicants: (c)(9)
  • Registry applicants: (c)(16)
  • Legalization, LIFE Legalization and SAW applicants: (c)(20), (22), and (24)
  • VAWA self-petitioners: (c)(31)
  • Withholding of deportation or removal granted: (a)(10)
  • Applicants for suspension of deportation and cancellation of removal, including NACARA cancellation: (c)(10)
  • Citizen of Micronesia, Marshall Islands, or Palau: (a)(8)
  • N-8 and N-9 nonimmigrants: (a)(7)


Under this new rule, a timely renewal application submitted by an eligible applicant will automatically extend the existing EAD by up to 540 days if the renewal is for an EAD in the same category. This extension offers continuity of employment authorization while individuals await adjudication of their renewal applications. To demonstrate continued eligibility to work, noncitizens with expired EADs may present the Form I-797C receipt notice for the EAD renewal application to their employers along with their expired EAD.


application form for Employment authorization


It’s important for affected individuals to understand their eligibility for the extended automatic extension period and to ensure timely filing of renewal applications. USCIS will revert to the up to 180-day extension period for eligible applicants who timely file Form I-765 renewal applications beginning Sept. 30, 2025. This temporary extension provides much-needed relief for individuals renewing EADs offering continuity of employment.  


At Agarwal Law Group, we’re committed to assisting clients with understanding and navigating these changes, ensuring they can maintain their employment and immigration status with confidence and peace of mind.

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