On April 8, 2024, USCIS will publish a temporary final rule that will provide automatic extensions of work authorization for certain employment authorization and document (“EAD”) renewal applicants.
Effective October 26, 2023, USCIS shortened the automatic extension for certain EADs from 540 days to 180 days. DHS has now determined that the 180-day automatic extension is not enough time, given the number of EAD renewal applicants and notes that without this temporary final rule, approximately 800,000 EAD renewal applicants face losing work authorization, as their EADs remain pending past the 180-day extension period. To avoid such lapses and the issues that arise from individuals losing work authorization, DHS is temporarily amending existing regulations to increase the automatic extension period to 540 days, up from 180, for certain applicants. The rule will apply to those applicants whose EAD applications were timely filed on or after October 27, 2023, if their application is still pending on April 8, 2024. The temporary final rule will also apply to EAD renewal applicants eligible to receive an automatic extension who timely and properly file their EAD application on or after April 8, 2024, and on or before Sept. 30, 2025.
The following EAD categories will qualify for the 540-day extension, include:
- Adjustment of status applicants (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 a valid H-4 I-94 (C26);
- E-1, E-2, and E-3 spouses with a valid E spousal I-94 (A17), however, E-1, E-2 and E-3 spouses are employed incident to valid E-1S, E-2S and E-3S status and do not need to apply for an EAD;
- L-2 spouses with a valid L-2 I-94 (A18), however, L-2 spouses are employment authorized incident to their L-2S status and do not need to file for an EAD.
Employers who have employees working pursuant to the automatic EAD extension will not need to do an I-9 update until the employee reaches the end date of their 540-day extension.
Please contact your Klasko Law attorney with any questions regarding this client alert.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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