Department of Homeland Security pushes Employment Authorization Document regulation date to…

On April 4, 2024, the U.S. Citizenship and Immigration Services (USCIS) implemented a “temporary” final rule that extends the automatic extension period for certain employment authorization documents (EADs) from up to 180 days to as long as 540 days.

The final rule was supposed to be released in October. But, a recent USCIS notice reveals that the regulation date has been pushed to January 2025.

The new regulation notice, titled, ‘Modifying Accreditation Regulations Governing Nonimmigrant Workers [1615-AC88]’ states that, “The Department of Homeland Security (DHS) proposes to amend its regulations governing certain nonimmigrant workers. The proposed changes include updating the employment authorization rules regarding dependent spouses of certain nonimmigrants; increasing flexibilities for certain nonimmigrant workers, including those who resign or are terminated from employment, and religious workers who have reached their maximum period of stay or are waiting for immigrant visas to become available; and modernizing policies and procedures for Employment Authorization Documents.”

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Why final verdict for EAD regulation is important

This rule is intended to ensure that noncitizens with valid work authorization do not face lapses in their employment eligibility while awaiting the adjudication of their EAD renewal applications. This follows significant improvements in EAD processing times over the past year.

This temporary measure reflects an ongoing initiative at USCIS aimed at supporting the employment of noncitizens by reducing barriers to work authorization. The agency has worked to streamline the EAD adjudication process and shorten overall processing times. By extending the automatic extension period, USCIS hopes to provide relief to workers and their employers who might otherwise face disruptions due to delays in EAD renewals.

Who is eligible for this EAD window?

The rule, effective from April 8, 2024, will remain in place through September 20, 2027, with certain amendments valid until 01/00/2025.

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The change applies to eligible noncitizens who filed an EAD renewal application on or after October 27, 2023, as long as the application was still pending as of April 8, 2024. In addition, any qualifying individuals who file Form I-765 (the application for EAD renewal) during the 540-day period that began on April 8, 2024, will also benefit from this extension.

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