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USCIS Temporarily Increases the Automatic Extension Period For Certain Employment Authorization Documents (EADs) 

The U.S. Citizenship and Immigration Services (USCIS) announced a temporary final rule (TFR) to increase the automatic extension period for certain employment authorization documents (EADs) from up to 180 days to up to 540 days to prevent already work-authorized noncitizens from having their employment authorization and documentation lapse while waiting for USCIS to adjudicate their pending EAD renewal applications.  

This temporary measure will apply to eligible applicants who timely and properly filed an EAD renewal application on or after October 27, 2023, if the application is still pending on or after April 8, 2024, and who timely and properly file their Form I-765 application during a 540-day period that began on or after April 8, 2024, to September 30, 2025.  

For context, the automatic extension period is provided to certain renewal applicants to help prevent gaps in employment authorization and documentation. To present acceptable proof of the automatic extension of employment authorization and/or EAD validity, an employee can show their Form I-797C receipt notice that refers to the 180-day extension, along with their qualifying EAD. An individual’s automatic extension period may terminate before the maximum period either automatically when USCIS issues a denial of the applicant’s Form I-765 renewal application or upon notice of termination.  

For guidance on completing Form I-9 including covering automatic extensions and proof of employment authorization for hiring, rehiring, and verification, as well as all other Form I-9-related guidance, employers may visit I-9 Central.  

HR Works, headquartered in Upstate New York, is a human resource management outsourcing and consulting firm serving clients throughout the United States for over thirty years. HR Works provides scalable strategic human resource management and consulting services, including: affirmative action programs; benefits administration outsourcing; HRIS self-service technology; full-time, part-time and interim on-site HR managers; HR audits; legally reviewed employee handbooks and supervisor manuals; talent management and recruiting services; and training of managers and HR professionals.