Employment Authorization Extension to 540 Days: What You Need to Know

The Department of Homeland Security (DHS) has announced an important final rule that temporarily extends the validity period of certain Employment Authorization Documents (EADs) for up to 540 days. This measure is intended to prevent gaps in employment authorization for eligible applicants while USCIS processes EAD renewal applications.

Who Is Affected by This Extension?

The automatic extension applies to certain applicants who have filed or will file EAD renewal applications. Eligible categories include:

• Asylum applicants

• Applicants for cancellation of removal

• VAWA self-petitioners

• Adjustment of status applicants

• Temporary Protected Status (TPS) beneficiaries

How Does the Automatic Extension Work?

Eligible applicants do not need to file a separate request for the extension. If your EAD expires, the automatic extension of up to 540 days applies as long as your renewal application was filed before your current EAD expired.

When Did This Rule Take Effect?

The rule became effective on May 4, 2022, and applies to pending or newly filed EAD renewal applications during the designated coverage period. Applicants should consult official USCIS guidance for specific eligibility dates.

Why Was This Extension Implemented?

USCIS has experienced significant processing delays for EAD applications. This temporary extension helps reduce the negative impact of those delays by allowing eligible individuals to continue working legally while awaiting renewal approval.

Important Reminders

• Keep your contact information updated with USCIS

• Consult an immigration attorney if you have questions about your eligibility

Preguntas Frecuentes

Who qualifies for the 540-day automatic EAD extension?

Certain applicants who timely file Form I-765 to renew their Employment Authorization Document may qualify, including asylum applicants, VAWA self-petitioners, TPS beneficiaries, adjustment of status applicants, and others, depending on eligibility category.

Do I need to file a separate application to receive the 540-day extension?

No. If you filed your EAD renewal before your current EAD expired and meet eligibility requirements, the extension is applied automatically.

When did the 540-day EAD extension rule take effect?

The rule went into effect on May 4, 2022, and applies to eligible EAD renewal applications filed during the covered time period.

Can I continue working while my EAD renewal is pending?

Yes. Eligible applicants may continue working legally for up to 540 days past the expiration date of their EAD while USCIS processes the renewal.

Does the 540-day extension apply to all EAD categories?

No. Only specific eligibility categories qualify. It is important to confirm whether your category is covered under the DHS rule.

Should I consult an immigration attorney about my EAD extension?

Yes. An immigration attorney can confirm eligibility, address complications, and help ensure compliance with USCIS requirements.

Summary

The 540-day EAD extension provides important relief for many immigration benefit applicants. Staying informed and seeking legal guidance when necessary is essential.

Additional Resources:

• USCIS Website: www.uscis.gov