The Department of Homeland Security (DHS) announced a final rule on December 12, extending the automatic extension period for employment authorization documents (EADs) such as work permits from a maximum of 180 days to a maximum of 540 days in the United States. This measure applies to eligible non-citizens who timely apply for renewals and aims to provide support to American employers, promote economic growth, and ensure that eligible individuals will not face work authorization interruptions during their EAD renewal process.
Immigration lawyer Liu Ruhua explained that the automatic extension period means that after submitting the EAD renewal application, one can extend their existing EAD card automatically based on the application receipt. Previously, the automatic extension period was a maximum of 180 days, but according to the new rule, it has been extended to a maximum of 540 days. This means that even without a new card, any employer must accept the terms of the automatic extension period based on your receipt.
Renewal applications must be submitted to the U.S. Citizenship and Immigration Services (USCIS) before the EAD expiration date or within the legally permitted time. If you belong to an eligible category, your existing EAD validity will be extended automatically based on the original period. The receipt will confirm the submission of your application and display the processing time.
The U.S. Immigration Services said that these changes are aimed at supporting American employers, promoting economic growth, providing more certainty for employers, and improving the chances for eligible individuals to obtain work permits.
Furthermore, lawyer Liu Ruhua also mentioned that the work permits for applicants awaiting adjustment of status (green card application) and those applying for asylum or Deferred Enforced Departure (DED) now have a maximum validity of 5 years. This adjustment is intended to alleviate the burden on immigration agencies from handling a large volume of extension applications.
The final rule will take effect on January 13, 2025, and will be applicable to eligible applicants who timely submitted their EAD renewal applications on or after May 4, 2022.
USCIS has also implemented a series of measures to shorten the overall processing time for EADs and streamline the adjudication process, including:
(1) Since the 2021 fiscal year, the average processing time for individual EAD cards for adjustment of status applications has been halved; (2) Collaborating with communities to provide training for individuals eligible to work; (3) Shortening the processing time, on average, to 30 days or less for asylum seekers and certain DED applicants; (4) Extending the EAD validity period from two years to five years for certain category applicants; (5) Simplifying refugee EAD application processing; (6) Expanding the online submission range of EAD applications to asylum seekers and parolees.