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DHS Announces Permanent Increase of the Automatic Extension Period for Certain Employment Authorization Document Renewal Applicants
10 December 2024
Release Date
12/10/2024
WASHINGTON – The Department of Homeland Security (DHS) announced a final rule that will support U.S. employers, foster economic growth, and improve access to employment authorization documents (EAD) for eligible individuals by permanently increasing the automatic extension period of employment authorization and employment authorization documentation from up to 180 days to up to 540 days for eligible noncitizens who file a timely request to renew their work authorization. This announcement responds to feedback from the business community to create more certainty for employers.
Over the past several years, USCIS has significantly reduced processing times for EAD applications as part of its ongoing efforts to help support the U.S. economy, its employers, and those who Congress has made eligible to work here. This final rule continues these efforts by reducing the likelihood that lapses in employment authorization for eligible noncitizens will occur, while U.S. Citizenship and Immigration Services adjudicates their EAD renewal requests and better ensure continuity of operations for U.S. employers. The need is clear, as USCIS received and processed a record number of EAD applications this year. This is the latest step by the Biden-Harris Administration to keep eligible work-authorized individuals in the workforce, supporting our local economies, businesses, and communities.
“Since January 2021, the American economy has created more than 16 million jobs, and the Department of Homeland Security is committed to helping businesses fill them,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Increasing the automatic extension period for certain employment authorization documents will help eliminate red tape that burdens employers, ensure hundreds of thousands of individuals eligible for employment can continue to contribute to our communities, and further strengthen our nation’s robust economy.”
“USCIS is committed to reducing unnecessary barriers and burdens in the immigration system to support our nation’s economy,” said USCIS Director Ur M. Jaddou. “This final rule will help U.S. employers better retain their workers and help prevent workers with timely-filed EAD renewal applications from experiencing lapses in their employment authorization and employment authorization documentation through no fault of their own.”
The final rule will become effective on January 13, 2025, and will apply to eligible applicants with timely filed renewal EAD applications pending or filed on or after May 4, 2022.
This final rule aligns with USCIS’ ongoing efforts to support eligible individuals’ ability to work and contribute to the U.S. economy. In addition to today’s final rule, USCIS has taken a number of steps to reduce EAD processing times overall and streamlined adjudication processing, including:
- Reducing by half the median EAD processing times for individuals with pending applications for adjustment of status from fiscal year 2021 to date;
- Engaging with communities to educate work-eligible individuals and providing on-the-ground intake support for applicants;
- Reducing EAD application processing times for asylum applicants and certain parolees to less than or equal to a 30-day median;
- Extending the EAD validity period for certain categories of applicants from two years to five years;
- Streamlining the processing of refugee EAD applications; and
- Expanding online filing of EAD applications to asylum applicants and parolees.
For more information, visit the Automatic Employment Authorization Document Extension page.
Last Reviewed/Updated:
12/10/2024
ALERT: Effective January 22, 2025, USCIS waives any and all requirements that applicants for adjustment of status to that of a lawful permanent resident present documentation on their Form I-693, Report of Immigration Medical Examination and Vaccination Record, that they received the COVID-19 vaccination. USCIS will not issue any Request for Evidence (RFE) or Notice of Intent to Deny (NOID) related to proving a COVID-19 vaccination. USCIS will not deny any adjustment of status application based on the applicant’s failure to present documentation that they received the COVID-19 vaccination. https://www.uscis.gov/i-485
Release Date 01/15/2025 WASHINGTON – The Department of Homeland Security announced on Jan. 10, 2025, the extension of the 2023 designation of Temporary Protected Status for Venezuela for 18 months, from April 3, 2025, to Oct. 2, 2026, due to extraordinary and temporary conditions in Venezuela that prevent individuals from safely returning. The corresponding Federal Register notice provides information about re-registering for TPS as a current beneficiary under Venezuela’s extension. After consultation with interagency partners, it was determined that an 18-month extension of TPS is warranted based on the severe humanitarian emergency the country continues to face due to political and economic crises under the inhumane Maduro regime. The extension of TPS for Venezuela allows approximately 607,000 current beneficiaries to retain TPS through Oct. 2, 2026, if they continue to meet TPS eligibility requirements. Current beneficiaries under TPS for Venezuela, including those registered under the Oct. 3, 2023, or the prior March 9, 2021, TPS designation, must re-register in a timely manner during the re-registration period from Jan. 17, 2025, through Sept. 10, 2025, to ensure they maintain TPS and employment authorization. Every individual processed by the Department of Homeland Security goes through rigorous national security and public safety vetting during the original application process and again during re-registration. If any individual is identified as posing a threat, they may be detained, removed, or referred to other federal agencies for further investigation or prosecution as appropriate. Individuals are barred from TPS if they have been convicted of any felony or two misdemeanors. Individuals registered under either the March 9, 2021, TPS designation or the Oct. 3, 2023, TPS designation will be allowed to re-register under the Venezuela 2023 extension. All Venezuela TPS beneficiaries who re-register for TPS under the Venezuela 2023 extension and are approved by USCIS will obtain TPS through the same extension date of Oct. 2, 2026. DHS recognizes that not all re-registrants who renew their EAD may receive it before their current EAD expires and is automatically extending through April 2, 2026, the validity of certain EADs previously issued under Venezuela’s TPS designation. As proof of continued employment authorization through April 2, 2026, TPS beneficiaries can show their EAD with the Category A12 or C19 and a Card Expires date of: Sept. 10, 2025; April 2, 2025; March 10, 2024; or Sept. 9, 2022. USCIS will continue to process pending applications filed under previous TPS designations for Venezuela. Individuals with a pending Form I-821, Application for Temporary Protected Status , or a related Form I-765, Application for Employment Authorization , as of Jan. 17, 2025, do not need to file either application again. If USCIS approves a pending Form I-821 or Form I-765 filed under the previous designations of TPS for Venezuela, USCIS will grant the individual TPS through Oct. 2, 2026, and issue an EAD valid through the same date. The Federal Register notice explains eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew EADs. This extension only applies to individuals already in the United States and who are current beneficiaries of TPS for Venezuela. All irregular migration journeys are extremely dangerous, unforgiving, and often result in loss of life. DHS will continue to enforce U.S. laws and will return noncitizens who do not establish a legal basis to remain in the United States. https://www.uscis.gov/newsroom/news-releases/dhs-publishes-federal-register-notice-extending-temporary-protected-status-for-venezuela
Release Date 01/15/2025 WASHINGTON – The Department of Homeland Security announced on Jan. 10, 2025, the extension of Temporary Protected Status for Ukraine for 18 months, from April 20, 2025, to Oct. 19, 2026, due to armed conflict and extraordinary and temporary conditions in Ukraine that prevent individuals from safely returning. The corresponding Federal Register notice provides information about registering for TPS as a current beneficiary under Ukraine’s extension. After consultation with interagency partners, it was determined that an 18-month extension of TPS is warranted because conditions that support Ukraine’s designation are ongoing. The extension is based on the war with Russia, now in its third year, which has involved large-scale attacks on major cities, resulting in increased civilian casualties, significant infrastructure damage, and widespread humanitarian suffering. The extension of TPS for Ukraine allows approximately 103,700 current beneficiaries to re-register for TPS from Jan. 17, 2025, through March 18, 2025, if they continue to meet TPS eligibility requirements. Current beneficiaries under TPS for Ukraine must re-register in a timely manner during the re-registration period to ensure they maintain TPS and employment authorization. Every individual processed by the Department of Homeland Security goes through rigorous national security and public safety vetting during the original application process and again during re-registration. If any individual is identified as posing a threat, they may be detained, removed, or referred to other federal agencies for further investigation or prosecution as appropriate. Individuals are barred from TPS if they have been convicted of any felony or two misdemeanors. DHS recognizes that not all re-registrants who apply for a new Employment Authorization Document may receive it before their current EAD expires and is automatically extending through April 19, 2026, the validity of EADs previously issued under Ukraine’s TPS designation. As proof of continued employment authorization through April 19, 2026, TPS beneficiaries can show their EAD with the Category A12 or C19 under and a Card Expires date of April 19, 2025, or Oct. 19, 2023. U.S. Citizenship and Immigration Services will continue to process pending applications filed under previous TPS designations for Ukraine. Individuals with a pending Form I-821, Application for Temporary Protected Status , or a related Form I-765, Application for Employment Authorization , as of Jan. 17, 2025, do not need to file either application again. If USCIS approves a pending Form I-821 or Form I-765 filed under the previous designation of TPS for Ukraine, USCIS will grant the individual TPS through Oct. 19, 2026, and issue an EAD valid through the same date. The Federal Register notice explains eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew EADs. This extension only applies to individuals already in the United States and who are current beneficiaries of TPS for Ukraine. All irregular migration journeys are extremely dangerous, unforgiving, and often result in loss of life. DHS will continue to enforce U.S. laws and will return noncitizens who do not establish a legal basis to remain in the United States. https://www.uscis.gov/newsroom/news-releases/dhs-publishes-federal-register-notice-extending-temporary-protected-status-for-ukraine Last Reviewed/Updated: 01/15/2025
Release Date 01/15/2025 WASHINGTON – The Department of Homeland Security announced on Jan. 10, 2025, the extension of Temporary Protected Status for Sudan for 18 months, from April 20, 2025, to Oct. 19, 2026, due to ongoing armed conflict and extraordinary and temporary conditions in Sudan that prevent individuals from safely returning. The corresponding Federal Register notice provides information about registering for TPS as a current beneficiary under Sudan’s extension. After consultation with interagency partners, it was determined that an 18-month extension of TPS is warranted because conditions that support Sudan’s designation are ongoing. The extension is based on continued political instability that that has triggered human rights abuses, including direct attacks on civilians. The extension of TPS for Sudan allows approximately 1,900 current beneficiaries to retain TPS through Oct. 19, 2026, if they continue to meet TPS eligibility requirements. Current beneficiaries under TPS for Sudan must re-register in a timely manner during the re-registration period from Jan. 17, 2025, through March 18, 2025, to ensure they maintain TPS and employment authorization. Every individual processed by the Department of Homeland Security goes through rigorous national security and public safety vetting during the original application process and again during re-registration. If any individual is identified as posing a threat, they may be detained, removed, or referred to other federal agencies for further investigation or prosecution as appropriate. Individuals are barred from TPS if they have been convicted of any felony or two misdemeanors. DHS recognizes that not all re-registrants who apply for a new EAD may receive it before their current EAD expires and is automatically extending through April 19, 2026, the validity of certain EADs previously issued under Sudan’s TPS designation. As proof of continued employment authorization through April 19, 2026, TPS beneficiaries can show their EAD with the Category A12 or C19 and a Card Expires date of: April 19, 2025; June 30, 2024; Dec. 31, 2022; Oct. 4, 2021; Jan. 4, 2021; Jan. 2, 2020; April 2, 2019; Nov. 2, 2018; or Nov. 2, 2017. USCIS will continue to process pending applications filed under previous TPS designations for Sudan. Individuals with a pending Form I-821, Application for Temporary Protected Status , or a related Form I-765, Application for Employment Authorization , as of Jan. 17, 2025, do not need to file either application again. If USCIS approves a pending Form I-821 or Form I-765 filed under the previous designation of TPS for Sudan, USCIS will grant the individual TPS through Oct. 19, 2026, and issue an EAD valid through the same date. The Federal Register notice explains eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew EADs. This extension only applies to individuals already in the United States and who are current beneficiaries of TPS for Sudan. All irregular migration journeys are extremely dangerous, unforgiving, and often result in loss of life. DHS will continue to enforce U.S. laws and will return noncitizens who do not establish a legal basis to remain in the United States. https://www.uscis.gov/newsroom/news-releases/dhs-publishes-federal-register-notice-extending-temporary-protected-status-for-sudan Last Reviewed/Updated: 01/15/2025
Release Date 01/10/2025 Extension Allows Eligible Salvadoran Nationals to Maintain TPS and Employment Authorization WASHINGTON – The Department of Homeland Security announced today the extension of Temporary Protected Status for El Salvador for 18 months, from March 10, 2025, to Sept. 9, 2026, due to environmental conditions in El Salvador that prevent individuals from safely returning. The corresponding Federal Register notice provides information about how to re-register for TPS under El Salvador’s TPS extension. After reviewing the country conditions in El Salvador and consulting with interagency partners, it was determined that an 18-month TPS extension is warranted because of continued conditions from environmental disasters that resulted in a substantial, but temporary, disruption of living conditions in the affected areas of El Salvador. El Salvador’s extension of TPS is based on geological and weather events, including significant storms and heavy rainfall in 2023 and 2024, that continue to affect areas heavily impacted by the earthquakes in 2001. Those earthquakes were the basis of El Salvador’s initial TPS designation on March 9, 2001. The extension of TPS for El Salvador allows approximately 232,000 current beneficiaries to re-register for TPS, if they continue to meet eligibility requirements. Re-registration is limited to individuals who previously registered for and were granted TPS under El Salvador’s prior designation. Every individual processed by the Department of Homeland Security goes through rigorous national security and public safety vetting during the original application process and again during re-registration. If any individual is identified as posing a threat, they may be detained, removed, or referred to other federal agencies for further investigation or prosecution as appropriate. Individuals are barred from TPS if they have been convicted of any felony or two misdemeanors. Current beneficiaries under TPS for El Salvador must re-register in a timely manner during the 60-day re-registration period beginning when the Federal Register notice is published to ensure they keep their TPS and employment authorization. DHS recognizes that not all re-registrants may receive a new Employment Authorization Document before their current EAD expires and is automatically extending through March 9, 2026, the validity of EADs previously issued under El Salvador’s TPS designation. U.S. Citizenship and Immigration Services will continue to process pending applications filed under previous TPS designations for El Salvador. Individuals with a pending Form I-821, Application for Temporary Protected Status , or a related Form I-765, Application for Employment Authorization , starting when Federal Notice publishes, do not need to file either application again. If USCIS approves a pending Form I-821 or Form I-765 filed under the previous designation of TPS for El Salvador, USCIS will grant the individual TPS through Sept. 9, 2026, and issue an EAD valid through the same date. The Federal Register notice explains eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and to renew their EADs. This extension only applies to individuals already in the United States and who are current beneficiaries of TPS for El Salvador. All irregular migration journeys are extremely dangerous, unforgiving, and often result in loss of life. DHS will continue to enforce U.S. laws and will return noncitizens who do not establish a legal basis to remain in the United States. https://www.uscis.gov/newsroom/news-releases/dhs-publishes-federal-register-notice-extending-temporary-protected-status-for-el-salvador
ALERT: On Dec. 10, 2024, the Department of Homeland Security announced a final rule that permanently increases the automatic extension period for employment authorization and Employment Authorization Documents available to certain EAD renewal applicants from up to 180 days to up to 540 days. The final rule will continue to help prevent eligible renewal EAD applicants from experiencing a lapse in employment authorization and/or the validity of their EAD due to lengthy processing times. The final rule will become effective on Jan. 13, 2025, and will apply to certain timely filed renewal EAD applications pending or filed on or after May 4, 2022. ALERT: If you filed Form I-765 based on a grant of Temporary Protected Status (TPS) or a pending TPS application, please see the Temporary Protected Status (TPS) section below for more information on TPS-specific requirements for the automatic EAD extension. If you filed Form I-765, Application for Employment Authorization, to renew your expiring Employment Authorization Document (EAD), you may qualify for an automatic extension of the expiration date printed on your EAD while your application is pending. You qualify for this automatic extension if: The Form I-797C, Notice of Action, receipt notice you received for your pending Form I-765 renewal application has a “Received Date” that is before the “Card Expires” date shown on the face of your EAD; The Form I-797C, Notice of Action, receipt notice has a “Received Date” on or after May 4, 2022, and on or before Sept. 30, 2025; Your renewal application is under a category that is eligible for an automatic extension (see the list of categories below); and The category on your current EAD matches the “Eligibility Category” or “Class Requested” listed on your Form I-797C, Notice of Action, receipt notice. (The table below lists exceptions for certain categories.) If all the above factors are true, then your employment authorization does not expire on the date printed on your EAD, because you have been granted an automatic extension. To determine your actual EAD expiration date, please see the “Automatic Extension Eligibility Calculator” below. https://www.uscis.gov/eadautoextend
Release Date 12/23/2024 On Jan. 17, 2025, we will publish a revised edition of Form I-129, Petition for a Nonimmigrant Worker (edition date: 01/17/25). The form has been revised to align with the recently announced H-1B modernization final rule and the H-2 modernization final rule . The 01/17/25 edition of Form I-129 replaces the 04/01/24 edition of Form I-129. There is no grace period for the revised edition of Form I-129 because this revised edition is necessary for USCIS to apply the final rules. Effective Jan. 17, 2025, we will reject Form I-129 petitions received using the 04/01/24 edition of the form. We are providing a preview version of the 01/17/25 edition of Form I-129 (PDF, 2.19 MB) and its instructions . Do not file the 01/17/25 edition of Form I-129 before Jan. 17, 2025. We will only accept the 01/17/25 edition of this form if it is received on or after Jan. 17, 2025. If you file Form I-129 on paper by mail, please note that: We will accept the 04/01/24 edition of Form I-129 if it is received before Jan. 17, 2025; We will not accept the 04/01/24 edition of Form I-129 if it is received on or after Jan. 17, 2025; and We will only accept the 01/17/25 edition of Form I-129 if it is received on or after Jan. 17, 2025. https://www.uscis.gov/newsroom/alerts/uscis-to-publirevised-form-i-129-petition-for-a-nonimmigrant-worker Last Reviewed/Updated: 12/23/2024
Release Date 12/12/2024 We are issuing updated policy guidance on the types of evidence that may support an application under the International Entrepreneur Rule . The guidance covers evidence of the applicant’s central and active role in the startup entity and of the applicant’s position to substantially help the entity grow and succeed. The guidance also expands on the types of evidence that can show qualified investments and qualified government awards or grants, and the types of alternative evidence that an applicant may submit. It also clarifies the types of evidence that can support a finding of significant public benefit. The guidance, contained in Volume 3 of USCIS Policy Manual , is effective immediately and applies to requests pending or filed on or after Dec. 12. https://www.uscis.gov/newsroom/alerts/uscis-issues-updated-guidance-on-evidence-for-applicants-under-the-international-entrepreneur-rule
Release Date 11/19/2024 U.S. Citizenship and Immigration and Services is issuing guidance regarding the legal and physical custody requirements for purposes of acquisition of U.S. citizenship under section 320 and naturalization under section 322 of the Immigration and Nationality Act (INA). We are also expanding guidance on derivation of citizenship before the Child Citizenship Act of 2000, under former INA section 321. The update clarifies and expands the current guidance on determining legal and physical custody of children of U.S. citizens for acquisition of citizenship purposes. Specifically, the updated guidance: Expands guidance on when USCIS considers a child to be in the legal custody of the U.S. citizen parent, clarifies the effect of a nunc pro tunc (retroactive) correction of a custody order, and clarifies when USCIS may recognize private custody agreements; Clarifies that USCIS considers a U.S. citizen parent who has actual uncontested custody of a child to have legal custody for purposes of acquisition of citizenship when there is no judicial determination on legal custody and the relevant jurisdiction’s law does not determine which parent has legal custody of the child; Provides that a U.S. citizen parent has physical custody of a child when the child resides or physically lives with the parent; Expands guidance on adjudicating derivation of U.S. citizenship claims before the Child Citizenship Act of 2000, by providing detailed clarification on each of the requirements of former INA section 321, including the legal custody requirements; and Clarifies that USCIS cannot issue a Certificate of Citizenship to any applicant who does not take the Oath of Allegiance and is not eligible for a waiver of the oath. This guidance is effective immediately and applies to applications pending on or after Nov. 19, 2024. For more information, see Volume 12, Part H of the USCIS Policy Manual . This update will help ensure consistent determinations of legal and physical custody for adjudication of citizenship claims and provide more detailed guidance on how to determine legal and physical custody for eligibility for a certificate of citizenship in these cases. USCIS is also implementing these changes consistent with Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans , and the goals of removing barriers to citizenship. For more information, see the policy alert (PDF, 215.57 KB) . https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-on-determining-custody-for-children-acquiring-us-citizenship
Release Date 11/15/2024 Increase Will Help Address the Need for Seasonal Workers and Reduce Irregular Migration WASHINGTON – Today, the Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), announced that it expects to make an additional 64,716 H-2B temporary nonagricultural worker visas available for Fiscal Year (FY) 2025, on top of the congressionally mandated 66,000 H-2B visas that are available each fiscal year. These additional H-2B visas represent the maximum permitted under the authority provided by Congress and are identical to the additional temporary visas provided in FY 2024. DHS, in coordination with DOL, has authorized supplemental cap numbers in FY 2017, FY 2018, FY 2019, FY 2021, FY 2022, FY 2023, and FY 2024 in accordance with the time-limited statutory authority granted for each of those fiscal years by Congress. American businesses in industries such as hospitality and tourism, landscaping, seafood processing, and more turn to seasonal and other temporary workers in the H-2B program to help them meet demand for their goods and services. The supplemental visa allocation will help address the need for seasonal and temporary workers in areas where too few U.S. workers are available, willing and qualified to do the temporary work and address the labor needs of American businesses. Consistent with prior years, the Department is publicly announcing its plans to make these supplemental visas available early in FY 2025—just as it did in FY2023 and FY2024—to ensure American businesses with workforce needs are able to plan ahead and find the seasonal and other temporary workers they need. At the same time, DHS and DOL have put in place robust protections for American and foreign workers alike, including by ensuring that employers first seek out and recruit American workers for the jobs to be filled, as the H-2B program requires, and that foreign workers hired are not exploited by unscrupulous employers. “The Department of Homeland Security is committed to further growing our nation’s strong economy,” said Secretary of Homeland Security Alejandro N. Mayorkas . “By maximizing the use of the H-2B visa program, the Department of Homeland Security is helping to ensure the labor needs of American businesses are met, keeping prices down for consumers while strengthening worker protections and deterring irregular migration to the United States.” The H-2B supplemental rule would include an allocation of 20,000 visas to workers from Guatemala, El Salvador, Honduras, Haiti, Colombia, Ecuador, or Costa Rica and a separate allocation of 44,716 supplemental visas that would be available to returning workers who received an H-2B visa, or were otherwise granted H-2B status, during one of the last three fiscal years. The regulation would allocate the supplemental visas for returning workers between the first half and second half of the fiscal year to account for the need for additional seasonal and other temporary workers over the course of the year, with a portion of the second half allocation reserved to meet the demand for workers during the peak summer season. The H-2B visa program permits eligible employers to hire noncitizens to perform temporary nonagricultural labor or services in the United States. The employment must be of a temporary nature, such as a one-time occurrence, seasonal need, peakload need, or intermittent need. Employers seeking H-2B workers must take a series of steps to test the U.S. labor market. They must obtain certification from DOL that there are not enough U.S. workers who are able, willing, qualified, and available to perform the temporary work for which they seek a prospective foreign worker, and that employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. The maximum period of stay in H-2B classification is three years. A person who has held H-2B nonimmigrant status for a total of three years must depart and remain outside of the United States for an uninterrupted period of three months before seeking readmission as an H-2B nonimmigrant. DHS and DOL are committed to protecting H-2B workers from exploitation and abuse, and to ensuring, consistent with the law, that employers do not refuse to hire or appropriately recruit U.S. workers who are able, willing, qualified, and available to perform the temporary work. Additional details on H-2B program safeguards, as well as eligibility and filing requirements, will be available in the temporary final rule when published and on the USCIS webpage. https://www.uscis.gov/newsroom/news-releases/dhs-to-supplement-h-2b-cap-with-nearly-65000-additional-visas-for-fiscal-year-2025 Last Reviewed/Updated: 11/15/2024
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