Important Updates
Important Updates
September 4, 2025 | OmanOman: New Licensing Requirement for Select Roles 
September 5, 2025 | SingaporeFragomen and Regional Partner for the Asia Pacific Mark Buchanan Named 2025 FEM APAC EMMAs Winners
September 5, 2025 | United StatesPartner Archana Iyer Wins "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards
September 5, 2025 | United StatesTimes of India: A War on Fraud: USCIS to Train Special Armed Agents with Powers to Arrest Applicants and Lawyers
September 5, 2025 | United StatesUnited States: DHS Announces End of Temporary Protected Status for 2021 Venezuela Designation
September 4, 2025 | OmanOman: New Licensing Requirement for Select Roles 
September 5, 2025 | SingaporeFragomen and Regional Partner for the Asia Pacific Mark Buchanan Named 2025 FEM APAC EMMAs Winners
September 5, 2025 | United StatesPartner Archana Iyer Wins "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards
September 5, 2025 | United StatesTimes of India: A War on Fraud: USCIS to Train Special Armed Agents with Powers to Arrest Applicants and Lawyers
September 5, 2025 | United StatesUnited States: DHS Announces End of Temporary Protected Status for 2021 Venezuela Designation
September 4, 2025 | OmanOman: New Licensing Requirement for Select Roles 
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

United States: DHS Permanently Increases Automatic Work Authorization Extension for Certain EAD Renewal Applicants to 540 Days

December 10, 2024

insight-news-default

Country / Territory

  • United StatesUnited States

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • Under a forthcoming regulation, the Department of Homeland Security will make permanent a 540-day automatic extension of work authorization for certain foreign nationals who have filed a timely renewal of their employment authorization document (EAD).
  • The regulation does not expand the categories of EAD eligible for the auto-extension.
  • The regulation is set to take effect 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 issue

Certain foreign nationals with timely applications to extend an employment authorization document (EAD) will benefit from a permanent automatic extension of EAD validity of up to 540 days, under a forthcoming regulation that will be published on December 13, 2024. The regulation will take effect 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.

A closer look

In 2016, USCIS issued a regulation providing for the automatic extension of work authorization of up to 180 days from EAD expiration for certain EAD renewal applicants who timely file for EAD renewal in the same work authorization category and whose work authorization does not require adjudication of an underlying petition or application to establish the applicant’s eligibility for EAD renewal.  

After EAD processing times increased significantly, USCIS determined in May 2022 that this auto-extension period needed to be temporarily increased to up to 540 days, to reduce the risk of EAD renewal applicants experiencing a gap in work authorization. At the time, the 540-day auto-extension was available to those with EAD renewal applications pending as of May 22, 2022 and those who filed an EAD renewal application between May 4, 2022 and October 26, 2023. Earlier this year, DHS again offered a temporary 540-day extension to eligible foreign nationals with Form I-765 renewal applications that were timely filed on or after October 27, 2023 and were still pending as of April 8, 2024, as well as to eligible applicants who file EAD renewal applications between April 8, 2024 and September 30, 2025. 

In light of persistent EAD processing backlogs and delays, DHS is now acting to transition the 540-day extension from a temporary to a permanent benefit to eligible applicants.

Who qualifies for the 540-day auto-extension

To qualify for the auto-extension, the applicant must:

  • Timely file a Form I-765 EAD renewal application prior to the expiration of their current EAD or during a designated Temporary Protected Status (TPS) re-registration period;  
  • Apply for renewal in the same work authorization category on which their current EAD is based or be renewing an EAD based on TPS; and 
  • Apply under a qualifying work authorization category.

The list of EAD categories that qualify for the auto-extension includes the following categories and corresponding eligibility codes; the forthcoming regulation does not expand the categories of EAD eligible for auto-extension: 

  • Adjustment of status applicants (C09); 
  • E-1, E-2, and E-3 spouses with an unexpired E-1, E-2, or E-3 I-94 (A17); 
  • L-2 spouses with an unexpired L-2 I-94 (A18); 
  • H-4 spouses with an unexpired H-4 I-94 (C26); 
  • Temporary Protected Status (TPS) (A12 or C19); 
  • Refugees and asylees (A3 and A5); 
  • Noncitizens who have properly filed applications for asylum and withholding of deportation or removal (C08); and 
  • Approved self-petitioners under the Violence Against Women Act (VAWA) and their qualified children (A31). 

The auto-extension period begins the day after the expiration date on the foreign national’s EAD card. The extension automatically terminates if the EAD renewal application is denied before the end of the auto-extension period. 

What this means for employers

Employers should ensure that their staff members involved in Form I-9 compliance are aware of the permanent implementation of the EAD auto-extension period and identify employees who may benefit from it. 

As with any rule implemented in the final weeks of President Biden’s term, the incoming Trump Administration could take steps to revise or roll back the regulation, but it is not yet clear that it will do so.

Fragomen will be monitoring the implementation of the new auto-extension period, and further client alerts may be issued as further developments occur. 

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Awards

Fragomen and Regional Partner for the Asia Pacific Mark Buchanan Named 2025 FEM APAC EMMAs Winners

Fragomen and Regional Partner for the Asia Pacific Mark Buchanan were recognized at the 2025 FEM APAC EMMAs.

Learn more

Awards

Partner Archana Iyer Wins "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards

Partner Archana Iyer won the "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards.

Learn more

Media mentions

Times of India: A War on Fraud: USCIS to Train Special Armed Agents with Powers to Arrest Applicants and Lawyers

Senior Counsel Mitch Wexler discusses how USCIS’s new rule could potentially increase enforcement and affect how applicants interact with the US immigration system.

Learn more

Blog post

Red Carpet or Red Tape? Indonesia’s Immigration Strategy After the Election

Assistant Business Immigration Manager Raga Rasuanta discusses Indonesia’s post-election immigration strategy and its shift toward balancing openness to global talent with increased regulatory scrutiny.

Learn more

Fragomen news

2025年8月 アメリカ移民法ダイジェストLearn more

Fragomen news

Fragomen Center for Strategy and Applied Insights Names Leah Rogal Senior Director

Fragomen announces the appointment of Leah Rogal as Senior Director of its Center for Strategy and Applied Insights.

Learn more

Blog post

Moving to Saudi Arabia: How Orientation Programs Help Expats Adjust

Destination Services Manager Ali Sikandar discusses how orientation programmes in Saudi Arabia help expatriates adapt to cultural differences, workplace norms and everyday challenges, easing their transition into a new environment.

Learn more

Blog post

Exploring Self-Sponsored Visa Pathways in the UAE

Manager Olga Astapova outlines options for individuals to obtain residency without employer sponsorship, highlighting legal routes and strategic considerations.

Learn more

Video

Ireland 2025 Submission Period Opens for Consultation on Occupation Lists | #MobilityMinute

Senior Manager Fatima Aydin discusses Ireland's 2025 public consultation on the occupations lists, and how stakeholders such as employers can provide input.

Learn more

Blog post

Swiss Immigration Quotas 2025: Mid-Year Update

Manager Mihaela Dumitru outlines Switzerland's evolving immigration policies and quota adjustments for 2025.

Learn more

Video

German Citizenship by Descent Explained

Learn how to apply for German citizenship by descent. Discover eligibility under Article 116 and Section 15, benefits of EU citizenship and the step-by-step application process.

Learn more

Media mentions

Personnel Today: Immigration: Huge Fall in Health and Care Worker Visas

Partner Siobhan Owers discussed how visa reforms are reducing available international staff and creating workforce challenges in the UK care sector.

Learn more

Awards

Fragomen and Regional Partner for the Asia Pacific Mark Buchanan Named 2025 FEM APAC EMMAs Winners

Fragomen and Regional Partner for the Asia Pacific Mark Buchanan were recognized at the 2025 FEM APAC EMMAs.

Learn more

Awards

Partner Archana Iyer Wins "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards

Partner Archana Iyer won the "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards.

Learn more

Media mentions

Times of India: A War on Fraud: USCIS to Train Special Armed Agents with Powers to Arrest Applicants and Lawyers

Senior Counsel Mitch Wexler discusses how USCIS’s new rule could potentially increase enforcement and affect how applicants interact with the US immigration system.

Learn more

Blog post

Red Carpet or Red Tape? Indonesia’s Immigration Strategy After the Election

Assistant Business Immigration Manager Raga Rasuanta discusses Indonesia’s post-election immigration strategy and its shift toward balancing openness to global talent with increased regulatory scrutiny.

Learn more

Fragomen news

2025年8月 アメリカ移民法ダイジェストLearn more

Fragomen news

Fragomen Center for Strategy and Applied Insights Names Leah Rogal Senior Director

Fragomen announces the appointment of Leah Rogal as Senior Director of its Center for Strategy and Applied Insights.

Learn more

Blog post

Moving to Saudi Arabia: How Orientation Programs Help Expats Adjust

Destination Services Manager Ali Sikandar discusses how orientation programmes in Saudi Arabia help expatriates adapt to cultural differences, workplace norms and everyday challenges, easing their transition into a new environment.

Learn more

Blog post

Exploring Self-Sponsored Visa Pathways in the UAE

Manager Olga Astapova outlines options for individuals to obtain residency without employer sponsorship, highlighting legal routes and strategic considerations.

Learn more

Video

Ireland 2025 Submission Period Opens for Consultation on Occupation Lists | #MobilityMinute

Senior Manager Fatima Aydin discusses Ireland's 2025 public consultation on the occupations lists, and how stakeholders such as employers can provide input.

Learn more

Blog post

Swiss Immigration Quotas 2025: Mid-Year Update

Manager Mihaela Dumitru outlines Switzerland's evolving immigration policies and quota adjustments for 2025.

Learn more

Video

German Citizenship by Descent Explained

Learn how to apply for German citizenship by descent. Discover eligibility under Article 116 and Section 15, benefits of EU citizenship and the step-by-step application process.

Learn more

Media mentions

Personnel Today: Immigration: Huge Fall in Health and Care Worker Visas

Partner Siobhan Owers discussed how visa reforms are reducing available international staff and creating workforce challenges in the UK care sector.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.