U.S. Citizenship and Immigration Services (USCIS) introduced a temporary final rule that automatically extends the validity period for Employment Authorization Documents (EADs) from 180 days to 540 days. The rule goes into effect April 8, 2024. Two groups are eligible to receive the extended validity period. The first group are individuals who timely filed their Form I-765 applications on or after Oct. 27, 2023, and their applications are still pending on April 8, 2024. The second group are those who timely and properly file their Form I-765 application between April 8, 2024, and Sept. 30, 2025. They also receive the extended validity period.
The extension helps avoid the loss of employment status for hundreds of thousands of EAD holders who face a potential April 24, 2024, loss of status. Continued employment eligibility is available for qualifying immigrants with EADs that expired since October 27, 2023. This means that employment eligibility is continued for at least an additional 360 days while EAD renewals are processed.
The individuals most affected by this change are asylum seekers and foreign nationals in the process of changing their status. As many as 800,000 immigrants are at risk of losing their employment status prior to the new rule, per USCIS.
This is the second time the Biden administration has extended the employment authorization to 540 days. The previous extension, enacted in 2022, lapsed on October 27, 2023. Upon expiration, the standard 180-day grace period resumed. The new temporary final rule applies to the same group of immigrants that was included in the 2022 policy.
The 540-day extension provides the opportunity for continued employment authorization while USCIS approves renewals and original requests for a five-year EAD for eligible immigrants. This is up from the standard two-year validity period. The 540-day grace period extension and the move to five-year EAD validity periods, provides USCIS with a bigger cushion to ensure timely renewal processing.
If you have questions about employment authorization, the related grace period, or any other U.S. immigration issues, contact us. We actively monitor ongoing updates to U.S. immigration policy and keep our clients informed every step of the way.