ON THE WATCH: LIMITS ON EMPLOYMENT AUTHORIZATION DOCUMENT (EAD) EXTENSIONS

Under the Biden administration, one of the last actions taken was the publication of the Department of Homeland Security (DHS) final rule, related to the automatic extension period for employment authorization and/or EADs.  Although this rule has been in force only since January 13, 2025, it could be stricken by a decision of the Legislative Branch.

This rule benefits many employees and employers to continue their regular business operations while the renewal of the EAD is pending and not be affected by the backlogs of USCIS. It permanently increased the automatic extension period for expiring employment authorization and/or EADs for certain renewal applicants who have timely filed Form I-765, Application for Employment Authorization, from up to 180 days to up to 540 days.

Some of the categories eligible for the auto-extension:

• Spouse of principal L-1 visa (Nonimmigrant visa – intracompany transferee) that hold unexpired I-94 showing L-2 status.

• Spouses of certain H-1B holders that hold unexpired I-94 showing H-4 status.

• Temporary Protected Status (TPS).

• Refugee.

• Asylee.

• Asylum Application Pending.

• Pending Adjustment of Status under Section 245 of the Act.

Congress may overturn regulations issued by the Executive Branch following the Congressional Review Act; both the House of Representative and the Senate must pass a resolution disapproving the rule. Furthermore, it requires that the President signs the bill. On January 30, 2025, Senator John Kennedy has introduced a Joint Resolution to disapprove the DHS final rule.

At the issuance of this newsletter, there has not been any further progress on the legislative initiative. For further information please visit the Congress.gov website here.