Effective Jan. 13, the U.S. Department of Homeland Security’s (DHS) final rule aiming to solidify current policy to automatically extend employment authorization documents (EAD) for certain eligible foreign national workers has begun to be implemented. This final rule, announced on Dec. 10, 2024, applies to eligible applicants with timely filed EAD renewal applications pending or filed on or after May 4, 2022.

What Does the Final Rule Do?

As it stands now, the final rule allows an automatic extension period of up to 540 days for eligible foreign national workers that have filed a timely request for renewal of their EAD with USCIS. This automatic extension period is a stark increase from the previous 180-day automatic extension period.

USCIS has stated that the final rule is in line with its ongoing efforts to support the U.S. economy, U.S. employers, and those who Congress has made eligible to work in the U.S. The desired outcome of the final rule is to reduce the likelihood of lapses in employment authorization that can occur given the lengthy USCIS processing times and to provide U.S. employers with more certainty when it comes to continuity of business operations in the U.S.

Who is Eligible?

If an applicant has filed Form I-765 to renew an expiring EAD, they may qualify for an automatic extension of the expiration date printed on the EAD while their application is pending if:

• The receipt notice received for the pending EAD renewal application has a “Received Date” that is before the “Card Expires” date shown on the face of the EAD
• The receipt notice has a “Received Date” on or after May 4, 2022, and on or before Sept. 30, 2025
• The renewal application is under a category that is eligible for an automatic extension
• The category on the current EAD matches the “Eligibility Category” or “Class Requested” listed on the receipt notice.

The categories eligible for an automatic extension of the EAD are as follows:

• A03, Refugee
• A05, Asylee
• A07, N-8 or N-9
• A08, Citizen of Micronesia, Marshall Islands, or Palau
• A10, Withholding of Deportation or Removal Granted
• A12, Temporary Protected Status (TPS) Granted
• A17, Spouse of principal E nonimmigrant with an unexpired I-94 showing E (including E-1S, E-2S and E-3S) nonimmigrant status
• A18, Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 (including L-2S) nonimmigrant status
• C08, Asylum Application Pending
• C09, Pending Adjustment of Status under Section 245 of the Act
• C10, Suspension of Deportation Applicants (filed before April 1, 1997), Cancellation of Removal Applicants, Special Rule Cancellation of Removal Applicants Under NACARA
• C16, Creation of Record (Adjustment Based on Continuous Residence since Jan. 1, 1972)
• C19, USCIS determined applicant is prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit”
• C20, Section 210 Legalization (pending I-700)
• C22, Section 245A Legalization (pending I-687)
• C24, LIFE Legalization
• C26, Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status
• C31, VAWA Self-Petitioners