Murthy Snapshot: USCIS Increases Automatic Extension for Certain EAD Renewals

The U.S. Citizenship and Immigration Services (USCIS) soon will publish a temporary final rule in the Federal Register that will increase the automatic extension period of certain employment authorization documents (EADs) while the form I-765 renewal application is pending. Here are the key points you need to know:

• The rule will increase the automatic extension period from 180 days to 540 days for qualifying EAD renewal applications.
• The 540-day extension will be available to an eligible EAD renewal applicant with a pending I-765 who filed the application on or after October 27, 2023, and on or before October 1, 2025.
• The rule applies to EAD applicants in certain categories, including applicants with pending I-485 applications, asylees, and those in temporary protected status (TPS).
• Dependent spouses in H-4 or L2S status are also eligible for an automatic extension of the EAD based on a pending renewal application, provided that the individual’s I-94 remains unexpired.
• To be eligible for an automatic extension of an expiring EAD, the I-765 renewal application must be timely filed, and to renew an EAD in the same category.

Your Takeaway

While this rule change is beneficial to certain renewal applicants, it does not provide any benefit to those applying for initial EADs, or to applicants not eligible for the 180-day validity extension that previously was in place. We urge the USCIS to continue to address the tremendous problems created by adjudication delays.

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