DHS has announced that it will issue a Temporary Final Rule (TFR) providing that the automatic extension period applicable to expiring Employment Authorization Documents (EADs) for renewal applicants who have filed Form I-765, Application for Employment Authorization, will be increased from up to 180 days to up to 540 days from the expiration date stated on their EADs. The notice indicates that the TFR will take effect upon publication in the Federal Register, which is scheduled for Monday, April 8, 2024.
DHS indicated that it is taking these steps to prevent renewal applicants from experiencing a lapse in their employment authorization and documentation. Without this TFR, DHS estimates that approximately 800,000 renewal EAD applicants would have been in danger of having their applications remain pending beyond the current 180-day auto-extension period because of USCIS processing delays and through no fault of their own. USCIS reverted to a 180-day auto extension period on October 26, 2023, and with the 180-day auto extensions for applications filed on that date about to expire in less than three weeks, it was necessary for the agency to issue the extension as a TFR that would take effect upon publication.
We welcomed the advance copy of the temporary final rule in which U.S. Citizenship and Immigration Services (USCIS) modified the period of automatic extensions of work permits for up to 540 days to ensure that workers do not experience a gap in authorized work due to processing delays. This simple step will immediately allow workers and employers to continue with business as usual while USCIS works through their extensive backlogs.
