The 540-day automatic extensions of expiring employment authorization documents (EADs) will be permanent policy, according to a DHS final rule scheduled to be published on Dec. 13, 2024. The new rule will become effective on Jan. 13, 2025.

EAD applicants will be entitled to the 540-day automatic extensions if:

• They timely filed an EAD renewal application between May 4, 2022, and Sept. 30, 2025;
• They are requesting renewal in the same category as the expired EAD; and
• They meet other general eligibility requirements.

Those who are eligible for 540-day automatic extensions include:

• Refugees (A03)
• Asylees (A05)
• Adjustment of status applicants (C09)
• Spouses of E nonimmigrants with unexpired I-94s in E status (A17)
• Spouses of H-1B nonimmigrants with unexpired I-94s in H-4 status (C26)
• Spouses of L-1 nonimmigrants with unexpired I-94 showing L-2 status (A18)
• Special agricultural workers (C20)
• VAWA beneficiaries and children (C31)
• Temporary Protected Status (TPS) beneficiaries (A12 and C19)

Automatic extensions will generally end when USCIS issues its decision on the EAD renewal application or at the end of the 540-day period, whichever is earlier.

Some Variations

TPS applicants may have their EADs automatically extended by this new final rule or they may receive automatic extensions of EADs through Federal Register notices. In either case, the extension will not extend past the TPS Designated Through date in the Federal Register.

L or E spouses with proper annotations on their I-94s have employment authorization incident to status, so they may not need an EAD.

F-1 students who have pending STEM optional practical training (OPT) extensions applications are not eligible for the 540-day extension, but they may be eligible for 180-day automatic extensions.

Calculating the Extension

To ease the 540-day calculation, USCIS created a tool: EAD Automatic Extension Eligibility Calculator. The calculator helps to determine the 540-day end date once you know whether the 540-day automatic renewal applies.

Form I-9 Employment Verification

To receive the automatic extension for I-9 purposes, the individual must present the expired EAD and a receipt showing a timely-filed extension submitted between May 4, 2022, and Sept. 30, 2025.

Based upon legislative rules regarding regulations enacted near the end of an administration, this 540-day automatic extension could be removed, amended, or rescinded by the new Trump Administration. It would be advisable, therefore, to file for EAD extensions as soon as possible before Jan. 20, 2025.