New Rule Ends EAD Auto Extensions

Until now, many EAD’s were automatically extended 540 days if the card holder filed an extension application for the same EAD category before the current card expired, and the EAD category is included in the eligible categories, which includes H-4 EAD’s (C26), L-2 EAD’s (A18), E Visa spouse (A17), TPS (A12 & C19), Asylum Application Pending (C8), and Pending Adjustment of Status (C9).

Now, those previously auto-extended EAD’s are only valid for work authorization through the dates stated on the face of the card. This rule does not affect EAD extensions filed before October 30. Those EAD’s will still receive the 540-day validity extension.

The stated reason for this new rule is to allow the USCIS to properly vet EAD applications for eligibility and security concerns before allowing continued employment in the United States. The USCIS states that it believes that there will be reduced numbers of EAD applications filed given their deportation/removal efforts, and thus, they should be able to process all EAD extension applications within the 180-day application window.

Practice Tips

• EAD extensions should be filed as soon as they are able, which is up to 180 days in advance of the expiration date.
• Consider filing EAD applications online when possible.
  • Categories eligible for electronic filing include TPS (A12 & C19), Asylum Application Pending (C8), and Pending Adjustment of Status (C9), among others.
• Set reminders to reverify I-9’s for those with expiring EAD’s. Employees who cannot timely reverify their work authorization with a new facially valid EAD card, or other work authorization, by the time the current EAD card expires must stop working.
  • An EAD Approval Notice is not sufficient for I-9 reverification. The actual EAD card is required.
• Set reminders to reach out to employees six months ahead of EAD expiration dates to ensure they file the EAD extensions as soon as possible to minimize the likelihood of having a gap in employment authorization.
• This rule does not apply to those EAD extensions set by the Federal Register, such as those for some TPS categories. In those cases, the EAD extension date set in the Federal Register applies.
• A timely filed F-1 STEM OPT EAD extension still grants a 180-day auto extension of the OPT EAD card until the STEM EAD card is approved. In addition, F-1 foreign students can opt to pay extra for Premium Processing, which gets them an answer to their STEM EAD extension application in 30 business days.

Please contact Berin S. Romagnolo or Nancy A. Noonan with any questions.