United States: USCIS Updates M-274 Employer Handbook 2026 – TPS-Based EAD Automatic Extensions Restricted or Removed
- Xavi
- 1 day ago
- 5 min read
Updated: 16 hours ago
WASHINGTON D.C. — July 8, 2026 — U.S. Citizenship and Immigration Services (USCIS) has updated the M-274, Handbook for Employers, to reflect significant changes affecting the length and availability of automatic extensions for certain Employment Authorization Documents (EADs) based on Temporary Protected Status (TPS).
The revisions, affecting Sections 5.0 through 5.3 of the Handbook, stem from a combination of regulatory and policy developments — including a Department of Homeland Security (DHS) interim final rule, Federal Register notices for specific countries, and USCIS implementation of the One Big Beautiful Bill Act (H.R. 1) .
These changes mean that many TPS-based EAD holders can no longer rely on the previous up-to-540-day automatic extension period and must now take proactive steps to maintain their work authorization.
Key Takeaways at a Glance
Change | Impact |
540-Day Automatic Extension Eliminated | Renewal applications filed on or after October 30, 2025 no longer receive the up-to-540-day automatic extension. |
TPS-Based EADs Capped at 1 Year | H.R. 1 limits TPS-based EAD automatic extensions to the shorter of 1 year or the TPS designation period. |
M-274 Handbook Updated | Sections 5.0 through 5.3 revised to reflect these changes. |
Exceptions for Pre-October 30, 2025 Filings | Applicants who filed EAD renewals before October 30, 2025 may still be eligible for the 540-day extension. |
What Changed?
1. The 540-Day Automatic Extension is Largely Eliminated
On October 30, 2025, DHS published an interim final rule ending the practice of automatically extending the validity of certain EADs when a renewal application (Form I-765) was timely filed.
Key Impact:
EAD renewal applicants who file on or after October 30, 2025 will no longer receive an up-to-540-day automatic extension of their EAD and/or employment authorization.
Applicants who filed before October 30, 2025 and present a valid Form I-797C receipt notice showing timely filing may still claim the up-to-540-day automatic extension.
2. TPS-Based EADs Capped at 1 Year (or Less)
Under the One Big Beautiful Bill Act (H.R. 1) , signed into law on July 4, 2025, TPS-based EAD automatic extensions are now limited to the shorter of 1 year or the duration of the TPS designation period.
Key Impact:
If your TPS renewal application was pending on or filed after July 22, 2025, your automatic extension is limited to 1 year or the duration of TPS, whichever is shorter.
You are not eligible for the entire 540-day extension, even if it appears on your Form I-797C notice.
If the Form I-797C receipt notice has a "Received Date" of July 21, 2025, or earlier, the up-to-540-day automatic extension may still apply.
3. M-274 Handbook Sections 5.0–5.3 Revised
USCIS has updated Sections 5.0 through 5.3 of the M-274 Handbook for Employers to reflect these regulatory changes.
"The length and availability of automatic extensions of TPS-based EADs have been impacted as a result of: 1) Federal Register notices unique to specific countries; 2) the DHS interim final rule, effective Oct. 30, 2025; and 3) USCIS implementation of the One Big Beautiful Bill Act (H.R. 1) on July 22, 2025."— USCIS Update to TPS Page on EAD Automatic Extensions
What This Means for Employers
1. Reverify I-9s Carefully
Employers must reverify employment authorization when the automatic extension period ends. With the elimination of the 540-day extension, reverification deadlines will now arrive sooner than in previous years.
2. No More 540-Day Bridge
Employees who filed EAD renewals on or after October 30, 2025 are not entitled to any automatic extension period under the new rule.
3. TPS-Based EADs: Know the New Rules
TPS-based EAD renewals filed on or after October 30, 2025 do not receive an automatic extension.
TPS-based EADs are now capped at 1 year (or less) under H.R. 1.
4. Check Receipt Dates
Received Date of July 21, 2025, or earlier: Up-to-540-day automatic extension may still apply.
Filed on or after October 30, 2025: No automatic extension (except TPS Federal Register Notice extensions).
What This Means for TPS Beneficiaries
If You Filed Your EAD Renewal Before October 30, 2025
You may still be eligible for the up-to-540-day automatic extension.
Your Form I-797C receipt notice serves as proof of the extension.
If You File Your EAD Renewal On or After October 30, 2025
You will not receive an automatic extension.
You must wait for USCIS to process your renewal application and issue a new EAD.
If You Filed Between July 22 and October 30, 2025
Your automatic extension is restricted to the lesser of 1 year or the TPS designation duration.
You cannot claim the 540-day extension, even if your receipt notice says otherwise.
What Employers Must Do Now
Action | Details |
Update I-9 Processes | Ensure your HR team is aware of the new rules for TPS-based EADs. |
Check Receipt Dates | Verify whether employees are eligible for any automatic extension based on their filing date. |
Plan for Reverification | Reverification deadlines will now occur sooner than in previous years. |
Consult Legal Counsel | For complex cases, consult with an immigration attorney to ensure compliance. |
FAQs: USCIS M-274 Revision & TPS EAD Automatic Extensions
Q1: What is the M-274 Handbook for Employers?
A: The M-274 is the official USCIS handbook providing guidance for employers on completing Form I-9, Employment Eligibility Verification.
Q2: What changed in the M-274?
A: Sections 5.0 through 5.3 have been revised to reflect that the length and availability of automatic extensions for TPS-based EADs have been reduced or eliminated.
Q3: What is the 540-day automatic extension?
A: Previously, certain EAD renewal applicants received an automatic extension of up to 540 days while their renewal application was pending.
Q4: Is the 540-day automatic extension still available?
A: Only for EAD renewal applications filed before October 30, 2025. Applications filed on or after that date do not qualify.
Q5: How long are TPS-based EADs now valid?
A: Under H.R. 1, TPS-based EADs are limited to the shorter of 1 year or the duration of the TPS designation period.
Q6: Does this affect all TPS beneficiaries?
A: Yes. TPS-based EAD automatic extensions have been impacted by the DHS interim final rule, Federal Register notices, and H.R. 1.
Q7: What should employers do?
A: Employers should update their I-9 processes, verify receipt dates, and plan for earlier reverification deadlines.
Q8: Where can I find the updated M-274?
A: The updated M-274 is available on the USCIS website.
For the latest U.S. immigration updates, TPS policy changes, EAD guidance, and 2026 employer compliance news, visit: visasupdate.com/blog/categories/usa
Official Resources
About the Author: Xavi is an immigration policy analyst and content lead at VisasUpdate.com, covering global migration trends, visa regulations, and employment-based immigration pathways
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