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Temporary Rule to Increase Auto Extension Period for Designated Employment Authorization Documents

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On May 4,  the Department of Homeland Security published a temporary rule (87 FR 614) that increases the employment authorization and/or Employment Authorization Documents (EAD, Form I 766) automatic extension period to up to 540 days

This extension applies to certain applicants who have filed employment authorization renewal applications. 

This rule also provides eligible noncitizens who have a pending renewal application with: 

  • An additional, up-to-360-day extension if their EAD is still covered under the 180 day automatic extension for a total of up to 540 days past the “Card Expires” date of the current EAD; or 
  • An additional period and resumption of employment authorization and/or EAD validity if their 180 day extension has lapsed for up to 540 days past the “Card Expires” date of the current EAD. 

See the USCIS announcement for more information and refer to Section 4.4 of the M-274 for updated Form I 9 guidance.