Automatic extension of employment authorization (EADs) for up to 540 days for certain renewal applicants will expire on October 26, 2023, when USCIS will revert back to 180-day automatic extensions. Due to historically long processing times, the U.S. Citizenship and Immigration Services (USCIS) has temporarily increased the automatic extension period from 180 days to up to 540 days, while an EAD renewal application is pending.
An Employment Authorization Document (EAD) is a work permit issued to individuals in many different immigration categories. If you receive an EAD, it may be used to prove to an employer that you are legally authorized to work in the United States. If you are eligible for an EAD, you may submit an application on Form I-765, with photos and fees, if required.
As long as you remain eligible for an EAD, you may apply to renew the EAD before it expires. Forms I-765, Application for Employment Authorization, requesting an extension of EAD in one of the eligible categories, that are filed on or before October 26, 2023, will qualify for an automatic extension of EAD of up to 540 days. Forms I-765 filed after October 26, 2023 will only be eligible for an automatic extension of up to 180 days.
You may be eligible for an EAD automatic extension
To be eligible for the 540-day automatic extension:
- You have been issued an EAD card in one of the categories listed below (or USCIS website). Please note that DACA and F-1 OPT-based EAD cards are not included in the automatic extension.
- You have filed an application to renew employment authorization on Form I-765 prior to the EAD card’s expiration date or within the applicable filing period for TPS applicant.
- You are applying to renew your EAD in the same category as your expiring/expired EAD. Please note there is an exception for Temporary Protected Status (TPS) beneficiaries or pending applicants: their EAD and renewal application must contain either the A12 or C19 category, but the categories do not have to match each other.
- Your eligibility for employment authorization is NOT dependent on the adjudication of another benefit.
- Form I-765 remains pending and has not been denied. Please note once Form I-765 is denied, the extension period ends automatically.
EAD categories eligible for the 540-day automatic extension
The eligible categories for automatic extension of EAD based on a filed Form I-765 for EAD renewal include:
| (a)(3) | Refugee |
| (a)(5) | Asylee |
| (a)(7) | N-8 or N-9 |
| (a)(8) | Citizen of Micronesia, Marshall Islands, or Palau |
| (a)(10) | Withholding of Deportation or Removal Granted |
| (a)(12) | Temporary Protected Status (TPS) Granted |
| (a)(17) | Spouse of principal E nonimmigrant with an unexpired I-94 showing E |
| status including, E-1S, E-2S or E-3S | |
| (a)(18) | Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 status, |
| including L-2S | |
| (c)(8) | Asylum Application Pending |
| (c)(9) | Pending Adjustment of Status under Section 245 of the Act |
| (c)(10) | Suspension of Deportation Applicants (filed before April 1, 1997) |
| Cancellation of Removal Applicants | |
| Special Rule Cancellation of Removal Applicants Under NACARA | |
| (c)(16) | Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972) |
| (c)(19) | Pending initial application for TPS where USCIS determines applicant is prima facie eli |
| gible for TPS and can receive an EAD as a “temporary treatment benefit”. | |
| (c)(20) | Section 210 Legalization (pending I-700) |
| (c)(22) | Section 245A Legalization (pending I-687) |
| (c)(24) | LIFE Legalization |
| (c)(26) | Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 |
| nonimmigrant status | |
| (c)(31) | VAWA Self-Petitioners |
To receive the automatic extension of up to 540 days, you must timely file an EAD renewal application in one of the eligible categories by October 26, 2023.
As proof of your employment authorization, you can present your expired or expiring EAD and the Form I-797C receipt notice from USCIS after you filed your EAD renewal application. Your employer is required to verify or reverify your employment authorization and record the details of the documents that you present on Form I-9.
Malescu Law can assist
Contact our experienced immigration lawyers in Miami, Florida, USA to schedule an appointment for your immigration case or if you need assistance with your EAD application, EAD renewal or to obtain an automatic extension of your EAD work authorization.
Malescu Law P.A. – Business & Immigration Lawyers
