On Dec. 13, 2024, the Department of Homeland Security published a final rule (89 FR 101208) that permanently increases the automatic extension period of employment authorization and/or Employment Authorization Document (Form I-766 or EAD) validity from up to 180 days to up to 540 days from the expiration date on the face of the EAD.
The up to 540-day automatic extension period is available to certain applicants who timely filed Form I-765, Application for Employment Authorization, renewal applications on or after May 4, 2022.
Employers can use the Automatic Employment Authorization Document (EAD) Extension Eligibility Calculator for help calculating their employee’s extension.
Employers should accept an EAD if:
- The “Card Expires” date has passed, but the Category Code on the face of the card is listed in the calculator website; and
- The employee also presents a Form I-797C, Notice of Action, receipt notice for a renewal Form I-765, Application for Employment Authorization, that states the same eligibility category as the Category Code on the front of the EAD, except:
The EAD category codes do not need to match for Temporary Protected Status beneficiaries if one is A12 (TPS approved) and the other is C19 (TPS pending).
See the USCIS announcement for more information and refer to Section 5.0 of the M-274 for updated Form I-9 guidance.
Lisa Smith, SPHR, SCP
Note: This blog post is for informational purposes only and should not be construed as legal advice. Always consult with a legal professional for advice specific to your situation.
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Lisa Smith, SPHR, SHRM – SCP
Certified EEO Investigator (EEOC)
Lead Support and Content Chief – HelpDeskforHR.com
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