On December 13, 2024, U.S. Citizenship and Immigration Services (USCIS) will publish a final rule in the Federal Register that permanently increases the automatic extension period for expiring Employment Authorization Documents (EADs). Previously capped at 180 days, and then temporarily increased to 540 days, the new rule makes the extension permanent.

According to the Department of Homeland Security (DHS), this rule reduces the likelihood of employment authorization lapses, which can negatively impact noncitizens, their families, and their employers. Under the rule, an EAD that is expired on its face is considered unexpired when paired with a Form I-797C receipt notice for a timely filed renewal application, provided all extension requirements are met. Employers and employees can confirm eligibility using the Automatic Extension Eligibility Calculator.

By addressing lengthy USCIS processing times, the rule aims to provide stability to employers and employees, ensuring workforce continuity. This is particularly significant given the challenges posed by an incoming administration focused on restricting immigrant labor, which could make it more difficult for noncitizens to obtain work authorization documents.

BIG will release a Compliance Issue Analysis paper at a future date that will provide deeper insights into the implications of this rule.

Source: Federal Register

Posted: December 10, 2024

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