This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Loan Huynh is an active member.
On December 10, 2024, the Department of Homeland Security (DHS) announced a final rule that will permanently increase the automatic extension period of work authorization from up to 180 days to up to 540 days for eligible noncitizens who file a timely request to renew their work authorization. DHS said this announcement “responds to feedback from the business community to create more certainty for employers.” The final rule, effective January 13, 2025, will apply to eligible applicants with timely filed renewal Employment Authorization Document (EAD) applications pending or filed on or after May 4, 2022.
DHS said that the final rule reduces 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 will better ensure continuity of operations for U.S. employers.
