USCIS Eases Pressure on Noncitizens with New 540-Day EAD Extension

The United States Citizenship and Immigration Services (USCIS) has introduced a significant change to its Employment Authorization Document (EAD) policy.

This new rule extends the automatic renewal period for EADs, aiming to provide greater stability for noncitizens working legally in the United States. Employment Authorization Documents are crucial for many noncitizens residing in the US as they grant legal permission to work for a specified duration. USCIS typically issues these documents to various immigrant categories, including asylum seekers, individuals with temporary protected status, and certain nonimmigrant visa holders' dependents. The newly implemented rule, officially titled "Modifying Accreditation Regulations Governing Nonimmigrant Workers [1615-AC88]," extends the automatic renewal period for eligible EADs from 180 days to 540 days.

This extension is designed to prevent employment gaps for noncitizens awaiting the processing of their renewal applications. The rule encompasses several additional changes, such as updating employment authorization regulations for dependent spouses of certain nonimmigrants, increasing flexibilities for nonimmigrant workers who resign or face termination, expanding eligibility for religious workers, and modernizing EAD-related policies and procedures. This policy shift is part of a broader USCIS initiative to streamline processes and support noncitizen employment in the United States. Over the past year, the agency has made substantial progress in reducing EAD processing times, and this new rule represents a critical step in continuing that positive trend.

The extended EAD renewal period will be in effect from April 8, 2024, until September 20, 2027, with some provisions applicable until January 2025. Eligibility for this extension applies to noncitizens who submitted EAD renewal applications on or after October 27, 2023, and whose applications remain pending by April 8, 2024. Additionally, those who file Form I-765 (EAD renewal application) within the 540 days starting on April 8, 2024, will also benefit from this extension. This rule change aligns with the Biden-Harris Administration's broader efforts to enhance the US immigration system. The change is expected to benefit thousands of noncitizens who rely on EADs for their livelihoods.

Furthermore, the rule includes provisions to modernize the EAD application process. These improvements include expanding online filing options and streamlining adjudication procedures thus making the process more efficient and accessible for applicants. USCIS has also been actively engaging with communities to educate work-eligible individuals about the new rule and provide support for EAD applications. This outreach is crucial in ensuring that noncitizens are aware of their rights and the resources available to them.