The Department of Homeland Security (“DHS”) and United States Citizenship and Immigration Services (“USCIS”) has announced a Temporary Final Rule (“TFR”) providing that the automatic extension period applicable to expiring Employment Authorization Documents (“EADs”) for renewal applicants who have filed Form I-765, Application for Employment Authorization, will be increased from up to 180 days to up to 540 days from the expiration date stated on their EADs. The TFR will take effect on Monday, April 8, 2024 through September 20, 2027 or through October 15, 2025 for certain EADs.

The DHS is taking this step to prevent EAD renewal applicants from experiencing a lapse in their employment authorization and documentation. Without this TFR, DHS estimates that approximately 800,000 renewal EAD applicants are in danger of having their applications remain pending beyond the current 180-day auto-extension period because of USCIS processing delays, and through no fault of the applicants.

The DHS moved to a 180-day auto extension period on October 26, 2023, and with the 180-day auto extensions for applications filed on that date about to expire in less than three weeks, it was necessary for the agency to issue the extension as a TFR that would take effect upon publication.

If you have any questions about EADs and which time period applies to you, or other U.S. visa or immigration matters, please contact us at and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.


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