AUTOMATIC EXTENSION OF CERTAIN EADs INCREASES TO 540 DAYS

USCIS has announced a temporary final rule increasing the automatic extension period for certain employment authorization documents (EADs) from 180 days to 540 days.

The rule applies to eligible workers with pending renewal applications filed on or after October 27, 2023, and to those who file renewal applications between April 8, 2024, and September 30, 2025.

Eligible workers include, but are not limited to:

• E-1/2/3 spouses (A17);
• L-1 spouses (A18);
• Certain H-1B spouses; and
• Workers with pending Adjustment of Status applications (C9).

A full list of the eligible categories may be found on the USCIS website here.

The temporary final rule follows a previous measure from 2022 that increased the EAD automatic extension period for workers with renewal applications filed before October 27, 2023.

USCIS estimates the temporary final rule will benefit 800,000 workers and 60,000 to 80,000 employers by preventing prevent lapses in work authorization.

From now until June 7, 2024, USCIS invites comments from the public on whether the automatic extension period for EADs should be permanently increased to 540 days or whether a different solution should be implemented.

MU Law encourages workers with pending EAD renewal applications to contact their MU immigration attorney to determine if they qualify for the automatic 540 EAD extension.

Please refer to the USCIS press release for further details. Comments may be submitted on the Federal Register until June 7, 2024.