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Temporary Final Rule to Increase Employment Authorization and/or Employment Authorization Document Validity for Eligible Renewal Applicants

On April 8, 2024, the Department of Homeland Security published a temporary final rule (89 FR 24628) that temporarily increases the automatic extension period of employment authorization and/or Employment Authorization Document (Form I-766 or EAD) validity from up to 180 days to up to 540 days from the expiration date on the face of the EAD. 

The temporary 540-day automatic extension period is available to certain applicants who timely filed Form I-765, Application for Employment Authorization, renewal applications on or after Oct. 27, 2023 and whose applications remain pending on April 8, 2024. 

The temporary increase of employment authorization to up to 540 days also applies to eligible applicants who timely file a Form I-765 renewal application on or after April 8, 2024, and on or before Sept 30, 2025. Under the temporary final rule, the automatic extension period for qualifying EADs will revert to up to 180 days for applicants who timely file Form I-765 renewal applications after Sept. 30, 2025.

Employers can use the Employment Authorization Document (EAD) Automatic Extension Calculator on I-9 Central for help calculating their employee’s extension.

See the USCIS announcement for more information and refer to Section 5.0 of the M-274 for updated Form I-9 guidance. 

Early EAD Case Alerts in E-Verify 

If you created an E-Verify case for an employee with an EAD that has been automatically extended for 180 days, you may receive a “Work Authorization Documents Expiring” case alert more than 90 days prior to the new expiration date of the employee’s EAD. The early alert may occur because the case was created before DHS published a temporary final rule (89 FR 24628) that temporarily increases the employment authorization and/or EAD automatic extension period for certain noncitizens from up to 180 days to up to 540 days from the date on the face of the EAD. The alert is a reminder; no action is required in E-Verify and you may dismiss the alert. 

Employers must update Section 2 of the employee’s Form I-9 to reflect the extension increase provided by the temporary final rule. For guidance on updating Section 2 before the employee’s 180-day automatic extension ends, see Section 5.1 of the M-274.