ALERT: New Temporary Final Rule Increases Automatic Extension Period for Certain EAD Renewal Applicants

On April 4, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced a significant change impacting employment authorization for certain applicants. The new temporary final rule (TFR) increases the automatic extension period for employment authorization documents (EADs) for eligible renewal applicants from up to 180 days to up to 540 days. This change aims to provide more stability and assurance to applicants awaiting their EAD renewals.

Key Details of the Temporary Final Rule

Effective Date: The new rule comes into effect on April 8, 2024.

Eligibility Criteria:

  • Past Applications: The TFR applies to EAD renewal applicants who have timely and properly filed their Form I-765 applications on or after October 27, 2023, provided their applications are still pending on April 8, 2024.
  • Future Applications: It also applies to EAD renewal applicants who file their Form I-765 applications timely and properly on or after April 8, 2024, and on or before September 30, 2025 (540 days after the publication of this temporary final rule in the Federal Register).

What This Means for EAD Renewal Applicants

The extension from 180 days to 540 days provides a considerable buffer for applicants, reducing the stress and uncertainty associated with potential employment gaps while waiting for EAD renewals. This change is especially pertinent given the processing delays that have been experienced by many applicants.

Actions to Take

  1. Check Your Filing Dates: If you filed your Form I-765 on or after October 27, 2023, and your application is still pending, you are eligible for this automatic extension.
  2. Future Filings: Plan to file your Form I-765 timely and properly if your EAD will need renewal between April 8, 2024, and September 30, 2025.
  3. Stay Informed: Regularly check the USCIS website or subscribe to updates to ensure you are informed of any further changes or requirements.


This temporary final rule by USCIS provides significant relief to many EAD renewal applicants, offering a longer extension period to mitigate employment disruptions. Ensure you meet the eligibility criteria and file your applications timely to benefit from this new rule.

Stay tuned for more updates and ensure your paperwork is in order to take full advantage of this beneficial change!

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