DHS Temporary Final Rule Increases Automatic EAD Extensions to Up to 540 Days

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DHS Temporary Final Rule Increases Automatic EAD Extensions to Up to 540 Days

by Caroline Lee

by Caroline Lee

The Department of Homeland Security (DHS) published a temporary final rule that will increase the automatic extension period applicable to certain expiring Employment Authorization Documents (EADs) to up to 540 days from the expiration date stated on the EADs. The temporary final rule is effective as of April 8, 2024. DHS is effecting these changes to prevent renewal applicants from experiencing a lapse in their employment authorization and documentation. Without this temporary rule, DHS estimates that approximately 800,000 renewal EAD applicants would be in danger of having their applications remain pending beyond the current 180-day auto-extension period because of USCIS processing delays. Thus, the 540-day extension is a welcome and necessary update. Comments on the temporary final rule are due by June 7, 2024.

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