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January 27th, 2025
On December 13, 2024, the Department of Homeland Security (DHS) published a Final Rule in the Federal Register permanently increasing the auto-extension period for employment authorization from 180 to 540 days for some Forms I-765, Application for Employment Authorization Documents (EAD). The auto extension period of 540 days went into effect on January 13, 2025 after it was initially adopted as a Temporary Final Rule in April 2024. This change was implemented to provide USCIS with more time to process EADs after the volumes of EAD filings increased.
The automatic extension of work authorization does not apply to F-1 students applying for an EAD based on Optional Practical Training (OPT) or F-1 students applying for an EAD extension based on their STEM OPT eligibility. Instead, F-1 students eligible for a STEM OPT extension are eligible for a 180-day extension of their work authorization as long as they meet the regulatory requirements, which can be found here.
To clarify who is eligible for the automatic extension, DHS stated that “for renewal applications pending on May 4, 2022 or properly filed on or after May 4, 2022, the validity period of an expiring employment authorization and/or EAD is automatically extended for an additional period not to exceed 540 days from the expiration date on the face of the EAD.”
For more information:
USCIS Automatic Employment Authorization Document (EAD) Extension Chart
DHS Students: Determining STEMP OPT Extension Eligibility Summary
This blog post does not serve as legal advice and does not establish any client-attorney privilege. Do not take any action based on the information contained in this post without consulting a qualified immigration attorney. If you have any questions, please do not hesitate to contact our legal team directly.
Categories: Immigration News