The US has extended the automatic extension period for employment authorization and documentation for eligible individuals to enhance employers’ access to these documents.
US has permanently increased the automatic extension period of employment authorization and employment authorization documentation for eligible individuals to improve access to employment authorization documents (EAD) by employers.
Employers in the U.S. must ensure all foreign employees are authorized to work in the country, by having an Employment Authorization Document (Form I-766/EAD) serving as proof.
If you remain eligible to apply for employment authorization or remain employment authorized incident to your status or circumstances, but your EAD will be expiring or has expired, you should file for a renewal EAD by submitting a new Form I-765 and filing fee (if required), unless a fee waiver is requested and approved, as soon as possible once your EAD is within 180 days of its expiration date.
The automatic extension period of employment authorization and employment authorization documentation has been extended from up to 180 days to up to 540 days for eligible noncitizens who file a timely request to renew their work authorization.
The final rule will become effective on January 13, 2025, and will apply to eligible applicants with timely filed renewal EAD applications pending or filed on or after May 4, 2022. The final rule aims to enhance worker retention in the US and prevent lapses in employment authorization and documentation for workers who file timely EAD renewal applications.