DHS To Publish Temporary Final Rule Increasing Automatic Extensions For Certain EAD Categories

On April 8, 2024, USCIS will publish a temporary final rule that will provide automatic extensions of work authorization for certain employment authorization and document ("EAD") renewal applicants.

Effective October 26, 2023, USCIS shortened the automatic extension for certain EADs from 540 days to 180 days. DHS has now determined that the 180-day automatic extension is not enough time, given the number of EAD renewal applicants and notes that without this temporary final rule, approximately 800,000 EAD renewal applicants face losing work authorization, as their EADs remain pending past the 180-day extension period. To avoid such lapses and the issues that arise from individuals losing work authorization, DHS is temporarily amending existing regulations to increase the automatic extension period to 540 days, up from 180, for certain applicants. The rule will apply to those applicants whose EAD applications were timely filed on or after October 27, 2023, if their