In December 2024, USCIS published new rules introducing significant changes to Employment Authorization Document (EAD) extensions and the H-1B program. These updates aim to address processing delays and improve continuity for impacted workers and their employers.
Key Changes to EAD Extension Periods
The automatic extension period for certain EADs has been permanently increased from 180 days to 540 days. Employees or new hires presenting an expiring or expired EAD with a qualifying category code, along with a Form I-797C receipt notice confirming a timely-filed renewal application in the same category, are eligible for the extended work authorization.
For instance, an EAD in category C09 expiring on January 1, 2025, paired with a Form I-797C showing a “received” date of December 1, 2024, extends the EAD’s validity until June 24, 2026, provided the renewal application is not denied.
Extension of EADs Issued to E, L, and H Dependent Spouses
If the category code on the EAD is A17, A18, or C26, an auto-extension is possible under the following conditions:
- The foreign national applied to renew their EAD prior to the expiration date on the card, as evidenced by the “Received Date” on the Form I-797C.
- The Form I-797C confirms the application is for a new EAD bearing the same category code as the expiring or expired EAD.
If both conditions are met, the foreign national is entitled to an EAD auto-extension. However, the extension period cannot exceed the period of stay listed on the Form I-94. The extension period will be the shorter of:
- 540 days from the EAD’s expiration date, or
- The “VALID UNTIL” date on the Form I-94.
New Limitations for TPS Beneficiaries
EADs in categories A12 or C19 are now subject to additional restrictions. To qualify for the 540-day extension, renewal requests must be filed before the re-registration deadline indicated in the relevant Federal Register Notice for the Temporary Protected Status (TPS) country designation. Additionally, the extended work authorization cannot exceed the expiration of the TPS designation period, which may be shorter than 540 days.
For example, a TPS EAD for Haiti expiring on August 3, 2024, with a renewal application filed by July 4, 2024, may only be extended until January 24, 2026, if the TPS designation period expires by that date.
Extension of the Cap-Gap Period
Previously, F-1 visa holders transitioning to H-1B status were granted work authorization through October 1 of the H-1B fiscal year. The new rule extends this period until April 1 of the following year, reducing employment authorization gaps caused by USCIS processing delays.
USCIS reports that each year, an average of 26,961 H-1B petitions for cap-gap beneficiaries remain unadjudicated by October 1. Extending the cap-gap period provides critical continuity for both employees and employers.
USCIS Recommendations
To minimize potential disruptions, USCIS encourages individuals to file Form I-765 (EAD renewal applications) up to 180 days before their current EAD expires. As processing times for some categories exceed 14 months, timely filing is essential.