The Department of Homeland Security (DHS) has officially announced a significant change affecting employment authorization for noncitizens in the United States. Effective October 26, 2023, DHS is ending the temporary 540-day automatic extension period for Employment Authorization Documents (EADs), reverting to the previous 180-day automatic extension for most renewal applicants.
This crucial update impacts various noncitizens who apply for the renewal of their work permits and requires immediate attention to ensure continuous employment eligibility.
For a temporary period, U.S. Citizenship and Immigration Services (USCIS) had increased the automatic extension of employment authorization to 540 days for certain EAD renewal applicants.
This measure was introduced to address significant processing delays for Form I-765, Application for Employment Authorization, allowing eligible individuals to maintain their work authorization while renewal applications were pending. The extended period provided stability during a time of substantial backlogs and workforce disruptions.
According to USCIS, EAD processing times have improved, enabling the agency to revert to its long-standing 180-day automatic extension policy.
For all EAD renewal applications filed on or after October 27, 2023, the automatic extension period will be limited to 180 days. This means that noncitizens submitting Form I-765 renewals after this date will only receive a 180-day extension beyond their current EAD expiration date.
It is important to note that individuals who filed their Form I-765 renewal before October 27, 2023, and are currently within the 540-day automatic extension window, will continue to benefit from the longer extension.
The new 180-day rule applies only to those filing renewal applications on or after October 27, 2023.
This policy shift highlights the importance of filing EAD renewal applications well in advance of the current card’s expiration date. Failing to renew on time could lead to gaps in work authorization, which may result in employment interruptions and adverse immigration consequences.
Noncitizens are encouraged to plan ahead and monitor their expiration dates closely to maintain continuous eligibility to work in the United States.
USCIS advises all applicants to regularly visit the official USCIS website to stay updated on current processing times, eligibility criteria, and filing procedures.
Proactive preparation and adherence to the updated regulations are essential for maintaining lawful employment authorization. This reversion to the 180-day automatic extension period marks a return to pre-pandemic operational norms, reflecting progress in USCIS processing efficiency and system modernization.
