Originally announced in May 2022, USCIS announced again on 4/4/2024, a Temporary Final Rule (TFR) that will increases the automatic extension period for certain Employment Authorization Documents (EADs) to 540 days (from 180 days) on its effective date of 4/8/2024. Unless extended or renewed again, this TFR will sunset on 9/30/2025. Thereafter, beginning on 10/1/2025, automatic extensions of employment authorization for EAD extensions will revert to 180 days.

This is the latest step by the Biden-Harris Administration to ensure that work-authorized individuals remain in the workforce, supporting the economies where they live.

Noncitizens with a pending EAD renewal application whose 180-day automatic extension has lapsed and whose EAD has expired will be issued a new Receipt Notice (I-797C) that includes the 540-day automatic extension language.

The automatic extension of EADs for those who have timely filed an I-765 application to extend their employment authorization applies only to

18 classifications of EADs, which include:

(a)(3)  Refugees

(a)(4)  Asylees

(a)(12) Temporary Protected Status (TPS)

(a)(17) E spouses*

(a)(18) L spouses*

(c)(8) Asylum applicants

(c)(9)  Adjustment (I-485) applicants

(c)(26) H-4 spouses (540 days or until the I-94 expirations date – whichever is earlier).

* Technically, E and L spouses no longer require an EAD card to work. They are authorized for employment incident to their E/L spousal status.

For more information on updating Form I-9 for individuals granted the automatic 540-day extension, please refer to Section 4.4 of the M-274 (I-9 Handbook for Employers).