Late yesterday, U.S. Customs and Immigration Services (USCIS) sent to the White House for review a final rule on the automatic extension period for immigrants’ pending work permit renewals applicable to expiring Employment Authorization Documents (Forms I-766 or EADs) for certain renewal applicants who have filed Form I-765 (“Application for Employment Authorization”). White House review is the final step before a rulemaking action can be published in the Federal Register. While the contents of the final rule are unknown, the agency published a temporary final rule on April 8, 2024, to temporarily increase the automatic extension period from up to 180 days to up to 540 days from the expiration date stated on their EADs. The expanded automatic extension time, totaling up to 540 days, will generally be available to those EAD renewal applicants normally eligible for the 180-day automatic extension and who have a pending EAD renewal application between October 27, 2023, and September 30, 2025. Last month, 70 House and Senate Democrats sent a letter to DHS urging the elimination of the “lengthy application backlog” for EADs before the end of 2024, noting that 1.4 million EAD applications were currently awaiting processing, including roughly 900,000 first-time applicants and 500,000 individuals seeking renewals. In its Spring 2024 Semiannual Regulatory Agenda, USCIS noted its intent to publish a final rule in December 2024.
