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DHS/USCIS RIN: 1615-AC78 Publication ID: Spring 2025 
Title: Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Renewal Applicants  
Abstract:

On November 18, 2016, as part of DHS's efforts to implement the American Competitiveness in the Twenty-first Century Act of 2000, Department of Homeland Security (DHS) published a regulation that created a 180-day automatic extension period for expiring employment authorization documents (Forms I-766 or EADs). The automatic extension period automatically extended the validity period of certain categories of EADs for up to 180 days if an applicant timely filed a renewal EAD application on Form I-765, Application for Employment Authorization, and U.S. Citizenship and Immigration Services (USCIS) was still processing the renewal application after the EAD’s expiration date. Once USCIS adjudicated the renewal EAD application, the automatic extension period no longer applied. On May 4, 2022, DHS published a temporary final rule (TFR) to temporarily increase the automatic extension period from up to 180 days to up to 540 days. This temporary increase applied to eligible EAD renewal applicants with pending Forms I-765 as of May 4, 2022, including those applicants whose employment authorization may have lapsed following the initial 180-day extension period, and any eligible applicant who filed a renewal Form I-765 during the 540-day period beginning on or after May 4, 2022, and ending October 26, 2023. DHS published a second TFR on April 8, 2024, to again temporarily increase the automatic extension period from up to 180 days to up to 540 days. The second TFR applied to eligible EAD renewal applicants who had a pending EAD renewal application between Oct. 27, 2023, and Sept. 30, 2025. On December 13, 2024, DHS published a final rule (89 FR 101208) to permanently increase the automatic extension period from up to 180 days to up to 540 days. The final rule was informed by public comments received on the 2024 TFR.

 
Agency: Department of Homeland Security(DHS)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: Yes  Unfunded Mandates: No 
EO 14192 Designation: Not subject to, not significant 
CFR Citation: 8 CFR 274a     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 6 U.S.C. 111    8 U.S.C. 1103    8 U.S.C. 1324a   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Temporary Final Rule  05/04/2022  87 FR 26614   
Temporary Final Rule Effective--05/04/2022 Through 10/15/2025  05/04/2022 
Temporary Final Rule Comment Period End  07/05/2022 
Temporary Final Rule  04/08/2024  89 FR 24628   
Temporary Final Rule Comment Period End  06/07/2024 
Final Rule  12/13/2024  89 FR 101208   
Final Rule Effective  01/13/2025 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: https://www.regulations.gov   Public Comment URL: https://www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Paul Buono
Chief, Business and Foreign Workers Division, Office of Policy and Strategy
Department of Homeland Security
U.S. Citizenship and Immigration Services
5900 Capital Gateway Drive, Suite 4S190,
Camp Springs, MD 20588-0009
Phone:240 721-3000