The U.S. Citizenship and Immigration Services (USCIS) has made a significant change to its employment authorization document (EAD) renewal process, extending the automatic renewal period from a maximum of 180 days to up to 540 days. This temporary final rule, effective from April 8, 2024, aims to ensure that noncitizens with valid work authorization do not experience gaps in their employment eligibility while their EAD renewal applications are being processed.
This extension is part of USCIS’s ongoing efforts to support the employment of noncitizens by reducing barriers to work authorization. The agency has made notable progress in reducing EAD processing times over the past year, and this rule is a further step in that direction.
The new regulation, titled ‘Modifying Accreditation Regulations Governing Nonimmigrant Workers [1615-AC88]’, also includes updates to the employment authorization rules regarding dependent spouses of certain nonimmigrants. It offers increased flexibilities for nonimmigrant workers, including those who resign or are terminated from employment, and religious workers who have reached their maximum period of stay or are waiting for immigrant visas to become available.
The extended automatic renewal period applies to eligible noncitizens who submitted an EAD renewal application on or after October 27, 2023, as long as their application is still pending by April 8, 2024. Anyone who submits Form I-765 (the EAD renewal application) within the 540-day period starting on April 8, 2024, will also benefit from this extension.
The rule will stay in force until September 20, 2027, with certain revisions applicable until January 2025. It’s important to note that this is a temporary rule, and its future beyond the set timeframe is uncertain. However, it provides much-needed relief for noncitizens who rely on EADs to maintain legal work authorization in the United States.
