USCIS extends EAD authorization to 540 days

© Farhad Sethna, attorney, 2024

On December 6, 2024, the USCIS issued a final rule, making certain categories of EAD (employment authorization document) eligible for a further 540 day extension.

Please note: this extension does not apply to all EADs, only to some categories.

A link to the notification on the USCIS website is here:

https://www.uscis.gov/eadautoextend

As you will see, the most commonly affected EAD eligibility categories which will be favorably impacted by this rule include:

  • Asylum seekers
  • People who are spouses of H1b and L1 employees
  • Applicants for TPS
  • Certain asylees, refugees, and applicants for adjustment of status

There are also numerous other categories of applicants. Please see the complete notice on the USCIS website for further details.

 

What does this mean?

This extension will become final on January 13, 2025. This means that any applicant who has had an application filed on or after May 4, 2022 for an employment authorization application is currently covered and can continue working under that EAD extension. Applications filed after May 4, 2022 will be eligible for the full 540 day extension, provided they meet certain criteria. These criteria include:

  • The application for extension must have been filed before the prior EAD document became invalid;
  • The application must have been filed after May 4, 2022;
  • The application category and the category on the previous EAD must match, that is, they must be for the same purpose – for example, “asylum application pending”.

 

How does an applicant prove this extension to an employer?

The applicant should take a copy of their expired EAD, a copy of the receipt notice from the USCIS for the EAD extension, and a copy of the USCIS notice to prove to an employer that he or she is eligible for the 540 day extension.

On the USCIS website, there is also a helpful EAD extension date calculator, which can provide additional proof to the employer. It might be prudent to take the printouts from the extension calculator to the employer if the employer requires further proof of employment authorization.

 

Overall, this is an excellent piece of news for applicants under certain categories, because USCIS is horribly backlogged on processing employment authorization documents. This wait will only get worse under the incoming administration.

Please stay tuned to this page for any further developments.

 

© Farhad Sethna, Attorney, 2024

Farhad Sethna has practiced law for over 30 years. He was awarded his JD in 1990 and his MBA in 1991, both from the University of Akron. Since 1996, he has also been an adjunct professor of Immigration Law at the University of Akron, School of Law, in Akron, Ohio, where he wrote and continues to use his own immigration textbook. Attorney Sethna is a frequent speaker at Continuing Legal Education and professional development seminars on various immigration-related topics. His practice is limited to immigration and small business. He has won awards for excellence in teaching and for pro-bono service. With offices in Cuyahoga Falls, Akron and New Philadelphia, Ohio, Attorney Sethna represents clients in all types of immigration cases before federal agencies and the immigration courts nationwide. A private pilot, it is Farhad’s goal to fly to each of Ohio’s 88 county airports. Our number is: (330) 384-8000. Please send your general immigration questions to farhad@sethnalaw.com. We will try to answer as many questions as possible.