USCIS Updates: Extended EAD Durations and Cap-Gap Provisions

In December 2024, the U.S. Citizenship and Immigration Services (USCIS) introduced two pivotal rules impacting Employment Authorization Document (EAD) holders and F-1 visa “cap-gap” beneficiaries. Here’s what you need to know:

Extended EAD Duration to Address Delays:

USCIS has increased the maximum automatic extension period for certain EAD categories to 540 days. This adjustment is designed to mitigate disruptions caused by processing delays, which for some EAD applications exceed 14 months. To minimize employment interruptions, USCIS recommends eligible individuals file for EAD renewal up to 180 days before their current document expires.

Expanded Cap-Gap Extension for F-1 Visa Holders:

Under the previous rule, F-1 visa holders transitioning to H-1B status via the “cap-gap” provision could only extend their EADs until October 1 of the same calendar year. The new rule significantly extends this period to April 1 of the following year, ensuring continuity of employment for thousands of beneficiaries. This change was implemented to address substantial backlogs adjudicating H-1B petitions, which annually leave an average of 26,961 cases unprocessed by October 1.

Key Takeaways:

• Who is impacted?
  • EAD holders eligible for the 540-day automatic extension
  • F-1 visa holders with “cap-gap” extensions under category codes C03B or C03C.
• What to do:
  • File EAD renewal applications early—up to 180 days before expiration.
  • Review Form I-797C and other documentation to ensure compliance with the new rules.

Conclusion:

These updates aim to bridge gaps in employment authorization and address systemic inefficiencies, providing much-needed relief to impacted individuals and employers. For further details, consult the full USCIS practice alert, or feel free to contact the Berardi Immigration Law team for any of your immigration needs.