USCIS Temporarily Increase Certain EAD Extensions from 180 days to 540 days
On April 4, 2024, USCIS announced a temporary final rule to increase automatic EAD extensions for certain employment authorization documents (EADs) from up to 180 days to up to 540 days.
An EAD is a plastic card about the size of a credit card which contains personal information, the alien number of the holder and an expiration date. In some cases, the EAD may also contain an “advance parole” which permits the person to travel internationally and return to the U.S. EADs which read “Valid for Re-Entry to U.S.” also serve as advance paroles.
The longer auto-extension period will be available to eligible foreign nationals with Form I-765 renewal applications which were timely filed on or after October 27, 2023 and are still pending as of April 8, 2024, and to eligible applicants who file EAD renewal applications between April 8, 2024 and September 30, 2025.
The list of EAD categories that qualify for the 540-day auto-extension includes the following categories:
* Adjustment of status (C09);
* Temporary Protected Status (TPS) (A12 or C19);
* Refugees and asylees (A3 and A5);
* Noncitizens who have properly filed applications for asylum and withholding of deportation or removal (C08);
* Approved self-petitioners under the Violence Against Women Act (VAWA) and their qualified children (A31);
* H-4 spouses with an unexpired H-4 I-94 (C26);
* E-1, E-2, and E-3 spouses with an unexpired E spousal I-94 (A17), noting however, that such individuals are not required to apply for an EAD, as they are employment-authorized incident to their valid E-1S, E-2S, or E-3S status; and
* L-2 spouses with an unexpired L-2 I-94 (A18), noting however, that such individuals are not required to apply for an EAD, as they are employment-authorized incident to their valid L-2S status.
