Temporary Extension for Expired EAD Documents

Applies to:          All Employers

Effective:             May 4, 2022

The U.S. Department of Homeland Security (DHS) recently issued a Temporary Final Rule extending the time in which an employment authorization document (EAD) for certain renewal applicants (listed on the USCIS website) is automatically extended pending renewal. Previously, EADs that expired were automatically extended for 180 days pending an application for renewal. Because of the ongoing processing delays, DHS increased the automatic extension to 540 days.

The 540-day extension applies when:

• The individual has an existing EAD card in one of the categories listed by the USCIS;
• The EAD category is eligible for automatic extension; and
• The renewal application for an EAD in the same category is properly filed on or before October 26, 2023 and before the previous EAD expired.

An EAD that has expired on its face is considered unexpired when combined with a Notice of Action (Form I-797C), showing that the applicable requirements have been met.

The 540-day extension also applies to EADs with a pending renewal application filed before May 4, 2022, regardless of whether the previous 180-day automatic extension expired. If the renewal application is filed after October 26, 2023, the normal 180-day automatic extension period will apply. Note that DHS may still terminate any EAD or extension period as permitted by law.

Action Items

1. Review the Temporary Final Rule here.
2. Note revised EAD extension deadlines for current employees, as applicable.
3. Subscribers can call our HR Hotline at (833) 268-5531 for further assistance.