540-Day Automatic Extension is Now Permanent

On December 13, 2024, the Department of Homeland Security published a final rule that permanently increased the automatic extension period of employment authorization and/or Employment Authorization Document (EAD) validity from 180 days to 540 days from the expiration date listed on the EAD. This 540-day automatic extension period is available to certain applicants who timely filed their EAD renewal applications on or after May 4, 2022. The EAD categories eligible for automatic 540-day extensions, as well as a list of general eligibility criteria, can be found here: https://www.uscis.gov/eadautoextend. Eligible categories include, but are not limited to, spouses of H-1B, E, and L-1 nonimmigrant workers, although clients are reminded that spouses of E and L visa holders typically do not require an EAD and are employment-authorized incident to their valid immigration status (e.g., L-2S, E-2D, E-3D). Spouses of E and L visa holders should verify their immigration status as recorded on their I-94 record at CBP.gov each time they enter the U.S.

Upon timely filing of an EAD renewal application, H-4 spouses are eligible for an automatic extension of work authorization for up to 540 days or until the expiration of their I-94 record, whichever is sooner. If the H-4 spouse’s I-94 expires on the same date as the H-4 EAD, the 540-day extension will not apply until the H-4 I-94 is extended.

Please note that F-1 Students who timely file STEM OPT EAD extensions are eligible for an automatic extension of work authorization for 180 days (not 540 days) or until adjudication of their EAD renewal applications.

Lastly, on January 30, 2025, Republican Senators introduced a joint resolution aiming to reverse the 540-day automatic EAD extension back to 180 days. It is still unknown whether this joint resolution will succeed in changing the current policy, but at this time, the 540-day automatic extension rule still applies. Despite what some news outlets have reported, this joint resolution, if passed, would not affect the ability of H-1B or L-1 workers to apply for extensions or visa renewals.