DHS Final Rule for Automatic Employment Authorization Document (EAD) Extension

December 11, 2024

DHS announced a final rule will be published on December 13, 2024, which permanently increases the automatic extension period for employment authorization and EADs for certain applicants. The rule becomes effective on January 13, 2025, which is 30 days after the publication date. This increases the automatic renewal from 180 days to 540 days. This will help prevent eligible EAD renewal applicants from experiencing a lapse in employment authorization. If the below factors are correct, then your employment authorization does not expire on the date printed on your EAD because you have been granted an automatic extension.

• “The Form I-797C, Notice of Action, receipt notice you received for your pending Form I-765 renewal application has a “Received Date” that is before the “Card Expires” date shown on the face of your EAD;
• The Form I-797C, Notice of Action, receipt notice has a “Received Date” on or after May 4, 2022, and on or before Sept. 30, 2025;
• Your renewal application is under a category that is eligible for an automatic extension (see the list of categories below); and
• The category on your current EAD matches the “Eligibility Category” or “Class Requested” listed on your Form I-797C, Notice of Action, receipt notice. (The table below lists exceptions for certain categories.)”

Categories Eligible for Automatic Extensions

The “Class requested” or “Eligibility Category” on your Form I-797C, Notice of Action, receipt notice for your Form I-765 renewal application	Description	Length of extension
A03	Refugee	Up to 540 days
A05	Asylee	Up to 540 days
A07	N-8 or N-9	Up to 540 days
A08	Citizen of Micronesia, Marshall Islands, or Palau	Up to 540 days
A10	Withholding of Deportation or Removal Granted	Up to 540 days
A12	Temporary Protected Status (TPS) Granted	Up to 540 days (See TPS section below for more information)
A17	Spouse of principal E nonimmigrant with an unexpired I-94 showing E (including E-1S, E-2S and E-3S) nonimmigrant status	Up to 540 days, or expiration date on I-94, whichever is sooner
A18	Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 (including L-2S) nonimmigrant status	Up to 540 days, or expiration date on I-94, whichever is sooner
C08	Asylum Application Pending	Up to 540 days
C09	Pending Adjustment of Status under Section 245 of the Act	Up to 540 days
C10	Suspension of Deportation Applicants (filed before April 1, 1997), Cancellation of Removal Applicants, Special Rule Cancellation of Removal Applicants Under NACARA	Up to 540 days
C16	Creation of Record (Adjustment Based on Continuous Residence since Jan. 1, 1972)	Up to 540 days
C19	USCIS determined applicant is prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit”	Up to 540 days (See TPS section below for more information)
C20	Section 210 Legalization (pending I-700)	Up to 540 days
C22	Section 245A Legalization (pending I-687)	Up to 540 days
C24	LIFE Legalization	Up to 540 days
C26	Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status	Up to 540 days, or expiration date on I-94, whichever is sooner
C31	VAWA Self-Petitioners	Up to 540 days

---