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  • Post date 04/26/2024

DHS Issues Temporary Final Rule to Increase Employment Authorization Document Validity

On April 8, 2024, the Department of Homeland Security published a rule in the Federal Register (89 FR 24628) that temporarily 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.   Some noncitizens in certain employment eligibility categories who timely file to renew their EADs may receive automatic extensions of their employment authorization and/or EADs for up to 540 days while their renewal applications remain pending.

The temporary 540-day automatic extension period is available to:

  • applicants who timely filed Form I-765, Application for Employment Authorization, renewal applications on or after Oct. 27, 2023 and whose applications remain pending on April 8, 2024.
  • applicants who timely file a Form I-765 renewal application on or after April 8, 2024, and on or before Sept 30, 2025.

U.S. employers must ensure all employees, regardless of citizenship or national origin, are authorized to work in the United States. The I-9 Employment Eligibility Verification form is used during onboarding to verify the identity and employment authorization of individuals hired for employment including citizens and noncitizens. An individual being hired must attest to their eligibility for employment and present their employer with acceptable documents as evidence of identity and employment authorization. The employer examines these documents to determine whether they reasonably appear to be genuine then records the document information on the employee’s Form I-9.

Among the current list of acceptable List A documents is an Employment Authorization Document (EAD, Form I-766) sometimes known as a “work permit” or “Employment Authorization Card.”  Having an EAD is one way for a potential employee to prove that he/she is authorized to work in the United States for a specific time.

Employers must update Section 2 of the employee’s Form I-9 to reflect the revised expiration date provided by the temporary rule. Guidance on updating Section 2 can be found here.