The U.S. Citizenship and Immigration Services (USCIS) recently announced a temporary final rule to extend the automatic extension period for many work permit categories. This temporary final rule prevented thousands of Employment Authorization Documents (EADs) from expiring.

The temporary final rule automatically extended the validity of qualifying (EADs. According to the rule, the validity period would update from 180 days to 540. It applied to individuals with an Application for Employment Authorization (Form I-765) on April 8, 2024. However, only applications submitted on or after October 27, 2023, will qualify.

It also applied to qualifying individuals who filed a Form I-765 within 540 days of the rule’s publication in the Federal Register: on or after April 8, 2024, and on or before September 30, 2025. To qualify, individuals must have filed their Form I-765 for a renewal and/or EAD prior to their current document’s expiration date. 

However, the rule mentions several exceptions. One example includes current temporary protected status (TPS) beneficiaries or those with pending TPS applications. Otherwise, individuals may qualify if their category is eligible for an automatic extension. Examples include those in TPS with an automatically extended EAD. For these individuals, the category on their current EAD must match the “Class Requested” on their Notice of Action, Receipt Notice (Form I-797C).

The Form I-797C is an acceptable means of proving an individual received the extension. It also proves their employment authorization, allowing holders to complete the employment eligibility verification (Form I-9) process with it. This receipt notice explicitly refers to the 180-day extension for affected EADs. To complete the Form I-9 process to verify employment eligibility, H-4, E. In addition, L-2 dependent spouses must include a Form I-94 verifying their status with their Form I-797C.

Qualifying individuals who filed a Form I-765 before October 27, 2023, or after April 8, 2024, should also receive Form I-797C from the USCIS, which will explain the 540-day extension. However, individuals do not need the updated receipt to prove their employment authorization and complete Form I-9s. Their original Form I-797C and facially expired EAD are still acceptable proof if they do not receive the updated receipt.

Staying current with these changes has proven difficult for employers. As such, many choose to use an electronic I-9 management tool to maintain I-9 compliance despite the constant updates. This tool guides employers and HR personnel through every step in the I-9 process. It also provides digital storage, notifications of when to take action, and the option for E-Verify integration.

Automate your employment eligibility verification today with the ensured compliance of I-9 Compliance.

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