U.S. Citizenship and Immigration Services (USCIS), earlier this year, enacted a temporary final rule extending the automatic renewal period for certain employment authorization documents (EADs) from a maximum of 180 days to up to 540 days.
The new regulation notice, titled, ‘Modifying Accreditation Regulations Governing Nonimmigrant Workers [1615-AC88]’ states that, “The Department of Homeland Security (DHS) proposes to amend its regulations governing certain nonimmigrant workers. The proposed changes include updating the employment authorization rules regarding dependent spouses of certain nonimmigrants; increasing flexibilities for certain nonimmigrant workers, including those who resign or are terminated from employment, and religious workers who have reached their maximum period of stay or are waiting for immigrant visas to become available; and modernizing policies and procedures for Employment Authorization Documents.”
This purpose of this rule is to ensure that noncitizens with valid work authorization do not fexperiencing gaps in their employment eligibility while their EAD renewal applications are being processed. This comes after notable progress in reducing EAD processing times over the past year.
The measure reflects an ongoing initiative at USCIS aimed at supporting the employment of noncitizens by reducing barriers to work authorization.
The rule, effective from April 8, 2024, will stay in force until September 20, 2027, with certain revisions applicable until January 2025.
This change impacts eligible noncitizens who submitted an EAD renewal application on or after October 27, 2023, as long as their application is still pending by April 8, 2024. Additionally, anyone who submits Form I-765 (the EAD renewal application) within the 540-day period starting on April 8, 2024, will also benefit from this extension.
