The Department of Homeland Security announced a final rule that automatically extends the validation period of qualifying employment authorization document renewal requests when timely filed. The final rule extends the expiration date from 180 days to 540 days from the expiration date stated on the employment authorization document (EAD). The rule was published to the Federal Register on April 8, 2024. That temporary final rule is now finalized.

The automatic extension of up to 540 days for qualifying employment authorization document renewal requests provides relief for those waiting for review when processing delays occur. Avoiding a lapse in authorization prevents issues for employers, their employees and the employee’s families. Pending applications filed on or after May 4, 2022, are eligible for the automatic extension period of up to 540 days. The EAD with an expired date on its face is not expired as long as it is combined with a Form I-797C receipt notice stating a timely field EAD renewal application was received, as long as other conditions are met. The final rule is effective January 10, 2025, or 30 days after the publication in the Federal Register.

If you have questions about the EAD renewal extension or any other U.S. immigration related issue, contact us at ILBSG. We support clients through their employment-based and family-based U.S. immigration matters. Clients work directly with an attorney to ensure they get the right advice for their specific situation.

EAD Extension employment authorization document