Some holders of Employment Authorization Documents (Form I-766) will receive automatic extensions under a temporary final rule published by the Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS) on April 8, 2024. The automatic extensions apply to EAD holders who are awaiting approval of EAD renewals for which they filed on or after October 27, 2023, as well as those who apply from April 8, 2024, through September 30, 2025. Their EADs will be extended from 180 to 540 days while they await the renewal decision.
When verifying employment eligibility for I-9 purposes, a person may present an expired EAD as a List A document along with a Form I-797C Notice of Action receipt showing that a valid EAD renewal application has been submitted.
The temporary final rule took effect immediately and will expire September 20, 2027. USCIS is accepting public comments on this issue until June 7, 2024. CWC does not intend to comment but will reconsider if members show sufficient interest.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.