USCIS announced a temporary final rule to increase the maximum automatic extension period for certain Employment Authorization Document (EAD) renewal applicants from 180 days to 540 days. The rule aims to prevent those with pending EAD renewal applications from having their work authorization lapse while waiting for USCIS to adjudicate their application. The new automatic extension will apply to certain eligible applicants who filed an EAD renewal application on or after October 27, 2023, if their application is still pending on the rule’s publication date, scheduled for April 8, 2024.
Read MoreEmployment Authorization Document Validity Period Increases for Certain Categories
What’s Happening
USCIS increased the maximum validity period for initial and renewal Employment Authorization Documents (EADs) to 5 years for certain categories. The USCIS Policy Manual includes a complete list of the categories whose EAD validity period increased to 5 years.
USCIS also updated its guidance in the Policy Manual to explain the categories of noncitizens who are automatically authorized to work incident to status, and to clarify when presenting a Form I-94 accompanied by identity documentation to an employer is sufficient to show employment authorization for Form I-9 purposes.
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