United States | DHS announces permanent increase of EAD automatic extension period

The Department of Homeland Security announced a final rule which permanently increases the automatic extension period for certain renewal applicants with expiring Employment Authorization Documents (EADs).

Key Points:

• The final rule makes permanent the automatic extension of up to 540 days.
• The extension applies to eligible noncitizens who file a timely request to renew their work authorization via Form I-765, Application for Employment Authorization.
• The final rule will become effective on Jan. 13, 2025, and will apply to eligible applicants with timely filed renewal applications pending or filed on or after May 4, 2022.
• This final rule comes after two temporary rules with the goal of preventing eligible EAD applicants from experiencing a lapse in employment authorization due to lengthy U.S. Citizenship and Immigration Services processing times.

Additional Information: “Increasing the automatic extension period for certain employment authorization documents will help eliminate red tape that burdens employers, ensure hundreds of thousands of individuals eligible for employment can continue to contribute to our communities and further strengthen our nation’s robust economy,” said Secretary of Homeland Security, Alejandro N. Mayorkas.

This alert has been provided by the BAL U.S. Practice Group.

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