USCIS Announces Employment Authorization Extension Increase Again

The Temporary Final Rule (TFR), extending employment authorization and Employment Authorization Document (EAD) timelines, becomes effective April 8, 2024.

The increase is only applicable to EAD categories already eligible for an automatic 180-day extension and temporarily offers up to 360 days of additional work authorization. Individuals who timely file to renew their EAD between October 27, 2023 and September 30, 2025 will receive a 540-day extension of work authorization. This extension is calculated by adding 540 to the expiration date on the face of the EAD itself.

Automatic extensions will generally end upon notification of a final decision on the renewal application or the end of the up to 540-day period, whichever occurs first.

In the Federal Register notice, available here, USCIS announced that it is soliciting comments on the benefits of making this duration - 540 days - permanent.

Beginning on April 8, 2024 and through September 30, 2025, if a new hire or existing employee presents an expiring EAD showing category code A03, A05, A07, A08, A10, A12, A17, A18, A19, C08, C09, C10, C16, C19, C20, C22, C24, C26, or C31 AND a Form I-797C showing:

  1. A received date prior to the card’s facial expiration date (or, in the case of an EAD showing category code A12 or C19, the TPS designation end date, which can be found here); AND
  2. The same category code (except A12 or C19, which are interchangeable), THEN

The EAD's validity period will be extended for 540 days from the expiration date listed on the face of the EAD itself.

Employers are encouraged to review the specific terms of the extension as issued by USCIS and subsequently conduct an internal assessment of documentation, workflows and associated protocols to ensure compliance with the TFR.

Posted: April 4, 2024

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This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

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