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DHS to Supplement H-2B Cap with Nearly 65,000 Additional Visas for Fiscal Year 2025

15 November 2024

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

25 February 2025
On Jan. 20, 2025, President Trump issued the Protecting the American People Against Invasion executive order which directed the Department of Homeland Security to ensure that aliens comply with their duty to register with the government under section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302), and ensure that failure to comply is treated as a civil and criminal enforcement priority. The INA requires that, with limited exceptions, all aliens 14 years of age or older who were not fingerprinted or registered when applying for a U.S. visa and who remain in the United States for 30 days or longer , must apply for registration and fingerprinting. Similarly, parents and guardians must ensure that their children below the age of 14 are registered. Within 30 days of reaching his or her 14th birthday, the previously registered alien child must apply for re-registration and to be fingerprinted. Once an alien has registered and appeared for fingerprinting (unless waived), DHS will issue evidence of registration, which aliens over the age of 18 must carry and keep in their possession at all times. It is the legal obligation of all unregistered aliens (or previously registered children who turn 14 years old) in the United States to comply with these requirements. Failure to comply will result in criminal and civil penalties, up to and including misdemeanor prosecution and the payment of fines. Most aliens in the United States have already registered, as required by law. However, a significant number of aliens present in the United States have had no direct way in which to register and meet their obligation under INA 262. In order that unregistered aliens may comply with their duty under INA 262, USCIS is establishing a new form and process by which they may register. No alien will have an excuse for failure to comply with this law. Registration is not an immigration status, and registration documentation does not establish employment authorization or any other right or benefit under the INA or any other U.S. law. American Indians born in Canada who entered the United States under section 289 of the INA, and members of the Texas Band of Kickapoo Indians who entered the United States under the Texas Band of Kickapoo Act, are not required to register. Who has already registered? Anyone who has been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b) has registered. Also, anyone who submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) and was not issued one of the pieces of evidence designated at 8 CFR 264.1(b), complied with the registration requirement of INA 262. Aliens who have already registered include: Lawful permanent residents; Aliens paroled into the United States under INA 212(d)(5), even if the period of parole has expired; Aliens admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired; All aliens present in the United States who were issued immigrant or nonimmigrant visas prior to arrival; Aliens whom DHS has placed into removal proceedings; Aliens issued an employment authorization document; Aliens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, even if the applications were denied; and, Aliens issued Border Crossing Cards. Who must apply for registration All aliens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a visa to enter the United States and who remain in the United States for 30 days or longer. They must apply before the expiration of those 30 days. The parents and legal guardians of aliens less than 14 years of age who have not been registered and remain in the United States for 30 days or longer, prior to the expiration of those 30 days. Any alien, whether previously registered or not, who turns 14 years old in the United States, within 30 days after their 14th birthday. Who is not registered? Anyone who has not been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b) and has not submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) is not registered. Aliens who have not registered include: This includes: Aliens who are present in the United States without inspection and admission or inspection and parole; Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration; and, Aliens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for Deferred Action for Childhood Arrivals or Temporary Protected Status, who were not issued evidence of registration. How to register DHS will soon announce a form and process for aliens to complete the registration requirement. Beginning Feb. 25, 2025, aliens required to register should create a USCIS online account in preparation for the registration process. See our How to Create a USCIS Online Account page for more information. Once the registration process is implemented, aliens will submit their registration, and parents and guardians will submit registration applications on behalf of their children under 14, through their USCIS online account. We will update this webpage to provide additional information in the coming days. Do not be a victim of an immigration scam. If you need legal advice on immigration matters, make sure the person helping you is authorized to give legal advice. Visit the Avoid Scams page for information and resources.  https://www.uscis.gov/alienregistration Last Reviewed/Updated: 02/25/2025
20 February 2025
Release Date 02/20/2025  On Feb. 20, 2025, Secretary of Homeland Security Kristi Noem partially vacated the July 1, 2024, notice that extended and redesignated Haiti for Temporary Protected Status (TPS). The announcement amends the period of extension and redesignation of Haiti for TPS from 18 months to 12 months, with a new end date of Aug. 3, 2025, and makes a corresponding change to the initial registration period for new applicants under the redesignation, which will now remain in effect through Aug. 3, 2025. For additional information, please see the Federal Register notice . https://www.uscis.gov/newsroom/alerts/update-on-tps-for-haiti
5 February 2025
Release Date 02/05/2025 Today, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the fiscal year 2026 H-1B cap will open at noon Eastern on March 7 and run through noon Eastern on March 24, 2025 . During this period, prospective petitioners and representatives must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary. Prospective H-1B cap-subject petitioners or their representatives are required to use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated $215 H-1B registration fee for each registration submitted on behalf of each beneficiary. If you are an H-1B petitioning employer who does not have a USCIS online account, you will need to create an organizational account . If you are an H-1B petitioning employer who had an H-1B registrant account for the FY 2021 – FY 2024 H-1B registration seasons, but you did not use the account for FY 2025, your existing account will be converted to an organizational account after your next log in. First-time registrants can create an account at any time. You can find additional information and resources on the organizational accounts, including a link to step-by-step videos, on the Organizational Accounts Frequently Asked Questions page . These FAQs will be updated with FY 2026 information before the start of the initial registration period. Representatives may add clients to their accounts at any time, but both representatives and registrants must wait until March 7 to enter beneficiary information and submit the registration with the $215 fee. Selections take place after the initial registration period closes, so there is no requirement to register on the day the initial registration period opens. The FY 2026 H-1B cap will use the beneficiary-centric selection process launched in FY 2025. Under the beneficiary-centric process, registrations are selected by unique beneficiary rather than by registration. If we receive registrations for enough unique beneficiaries by March 24 , we will randomly select unique beneficiaries and send selection notifications via users’ USCIS online accounts. If we do not receive registrations for enough unique beneficiaries, all registrations for unique beneficiaries that were properly submitted in the initial registration period will be selected. We intend to notify by March 31 prospective petitioners and representatives whose accounts have at least one registration selected. The U.S. Department of Treasury has approved a temporary increase in the daily credit card transaction limit from $24,999.99 to $99,999.99 per day for the FY 2026 H-1B cap season. This temporary increase is in response to the volume of previous H-1B registrations that exceeded the daily credit card limit. Transactions more than $99,999.99 may be made via Automated Clearing House (ACH). Use of ACH may require the payor to alert their bank in advance to remove any potential ACH block on their account. We will provide additional information before the start of the initial H-1B registration period. An H-1B cap-subject petition, including a petition for a beneficiary who is eligible for the advanced degree exemption, may only be filed by a petitioner whose registration for the beneficiary named in the H-1B petition was selected in the H-1B registration process. Additional information on the electronic registration process is available on the H-1B Electronic Registration Process page. Organizational Account Enhancements for FY 2026 For FY 2026, we have made multiple enhancements for organizational and representative accounts for H-1B filing. These enhancements include: The ability for paralegals to work with more than one legal representative. A paralegal will now be able to accept invitations from multiple legal representative accounts, allowing them to prepare H-1B registrations, Form I-129 H-1B petitions, and Form I-907 requests for premium processing for different attorneys, all within one paralegal account; An easier way for legal representatives to add paralegals to company clients. Pre-population of certain Form I-129 fields from selected H-1B registrations; and The ability to prepare a spreadsheet of H-1B beneficiary data and upload the information to pre-populate data in H-1B registrations. These enhancements will be live before the start of the initial registration period. https://www.uscis.gov/newsroom/alerts/fy-2026-h-1b-cap-initial-registration-period-opens-on-march-7
3 February 2025
Release Date 02/03/2025 After reviewing country conditions and consulting with the appropriate U.S. government agencies, Secretary of Homeland Security Kristi Noem has determined that conditions in Venezuela no longer support the 2023 designation of Venezuela for Temporary Protected Status (TPS). TPS and related benefits associated with the 2023 designation will no longer be in effect starting 60 days after publication of the Federal Register notice . Find more information about TPS at uscis.gov/tps . For more information on USCIS and its programs, please visit uscis.gov or follow us on X (formerly Twitter) , Instagram , YouTube , Facebook and LinkedIn . https://www.uscis.gov/newsroom/alerts/dhs-terminates-the-2023-designation-of-venezuela-for-temporary-protected-status
23 January 2025
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
15 January 2025
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
15 January 2025
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
18 January 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
10 January 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
2 January 2025
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
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