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USCIS Final Rule: Extended Automatic Employment Authorization for Eligible Immigrants

Posted by Paul Saluja | Jan 14, 2025 | 0 Comments

The U.S. Citizenship and Immigration Services (USCIS) has announced a final rule that offers significant relief to certain immigrants by permanently increasing the automatic extension period for Employment Authorization Documents (EADs). Effective January 13, 2025, this rule extends the renewal period from 180 days to 540 days, providing much-needed stability for workers and employers alike.

Addressing Work Authorization Gaps

This regulatory change is a direct response to the large backlog of EAD applications and renewals at USCIS, which has caused lapses in work authorization for many immigrants. Such lapses disrupt the lives of workers and the operations of their employers. The new 540-day automatic extension ensures that eligible individuals can maintain uninterrupted employment while USCIS processes their renewal applications.

According to USCIS, this permanent extension will help:

  • Workers: Prevent employment gaps and maintain financial stability.

  • Employers: Avoid temporary loss of key employees and reduce administrative challenges.

Additionally, the rule's codification offers predictability, enabling better workforce planning for businesses and peace of mind for employees.

Eligibility for the 540-Day Extension

To qualify for the 540-day automatic extension, applicants must:

  1. File their EAD renewal application between May 4, 2022, and September 30, 2025.

  2. Request renewal in the same category as their expired EAD.

  3. Submit the application timely—up to 180 days before their current EAD expires.

Eligible employees can present an expired EAD along with a Form I-797C receipt notice for a timely filed EAD renewal application to satisfy Form I-9 requirements.

Key Considerations for Workers and Employers

For Employees:

  • To maximize the benefits of the 540-day extension, file renewal applications as early as possible, ideally 180 days before your current EAD expires.

  • Be aware of potential policy changes under the incoming Trump administration, which may challenge the continued existence of this rule. Filing renewal applications before January 20, 2025, is advisable to avoid any unforeseen disruptions.

For Employers:

  • Stay informed about EAD categories eligible for the extension and ensure compliance with Form I-9 requirements.

  • Review workforce planning strategies to account for the extended automatic extension period.

Who Benefits from the Rule?

This rule impacts various categories of immigrants employed under EADs, including:

  • Green card applicants

  • Spouses of H-1B visa holders

  • Workers with Temporary Protected Status (TPS)

  • Individuals seeking asylum

It is important to note that the extended automatic extension does not apply to individuals seeking initial EADs.

Looking Ahead

The permanent extension of the EAD renewal period reflects USCIS's ongoing efforts to address processing delays and minimize their impact on workers and employers. However, with the incoming administration's stance on immigration, the future of this rule could be uncertain. Immigrants and their employers are encouraged to act promptly and consult legal experts to navigate this evolving landscape.

Saluja Law is here to assist individuals and businesses with EAD renewals, compliance, and broader immigration strategies. For more information or personalized guidance, contact us today.

About the Author

Paul Saluja

Paul Saluja is a distinguished legal professional with over two decades of experience serving clients across a spectrum of legal domains. Graduating from West Virginia State University in 1988 with a bachelor's degree in chemistry, he continued his academic journey at Ohio Northern University, gr...

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