Automatic Extension Period Increased for Select EAD Applicants
Last Updated: September 29, 2023
On May 3, 2022, U.S. Citizenship and Immigration Services (USCIS) issued a Temporary Final Rule increasing the automatic extension period for Employment Authorization Documents (EADs) from 180 days to as many as 540 days. This policy was designed to help eligible applicants avoid gaps in employment authorization while USCIS works through significant processing backlogs.
According to USCIS, the previous 180-day extension period was no longer sufficient to ensure continuity of work authorization for many applicants. The temporary rule provides eligible noncitizens an opportunity to maintain their employment status, support their families, and avoid disruptions for U.S. employers. However, USCIS has clarified that this increase is only
temporary. As of October 27, 2023, the automatic extension will revert to the standard 180-day period for qualified renewal applicants who file Form I-765, Application for Employment Authorization.
Who Qualifies for the Automatic EAD Extension?
To qualify for an automatic extension of employment authorization or EAD validity, applicants must meet the following criteria:
- Timely filed Form I-765: You must have submitted a properly completed renewal application before your current EAD expired.
- Eligible category: You must fall within a qualifying category that permits an automatic extension of up to 180 days. Additionally, the category on your current EAD must match the “Class Requested” shown on your Form I-797C Notice of Action.
- Special categories:
- Applicants under Temporary Protected Status (TPS) or with a pending TPS application must hold an EAD and Notice containing either the A12 or C19 category (these categories do not need to match).
- H-4, E, and L-2 dependent spouses must provide an unexpired Form I-94 showing their valid nonimmigrant status along with Form I-797C.
- TPS beneficiaries may also receive an automatic extension of their employment authorization.
Duration of the Automatic Extension
The Temporary Final Rule allows eligible applicants to receive:
- Up to 540 days of extended work authorization if they filed Form I-765 renewal during the 18 months following May 3, 2022.
- Additional 360 days of extension time on top of the standard 180-day automatic extension, bringing the total to 540 days.
- This rule was implemented to give USCIS the necessary time to resolve staffing shortages and clear pending backlogs.
As USCIS Director Ur M. Jaddou stated, the agency’s goal is to reduce EAD processing times to an average of three months by the end of Fiscal Year 2023.
How the Rule Applies to Different Applicants
- Noncitizens with an expired EAD who already exhausted their 180-day automatic extension will now receive additional employment authorization for up to 540 days from the expiration of their previous EAD.
- Noncitizens currently under the 180-day automatic extension will gain an extra 360 days, for a maximum of 540 days.
- Noncitizens with a valid EAD on May 4, 2022, or who timely filed for renewal before October 27, 2023, may also qualify for up to 540 days of automatic extension if their EAD expires before USCIS finishes processing the renewal.
Get Guidance from Immigration Attorneys at Green Card Link
Understanding your eligibility for an EAD extension can be complicated, especially with temporary rules that have specific filing deadlines and category requirements. At Green Card Link, its immigration attorneys provide professional, personalized guidance to ensure your application is filed correctly and on time.
If you are unsure whether you qualify for an automatic extension or want to avoid potential work authorization gaps, consult with an immigration attorney at Green Card Link today. Their expertise can help safeguard your employment status while USCIS processes your renewal application.
If you are unsure whether you qualify for an automatic extension or want to avoid potential work authorization gaps, consult with an immigration attorney at Green Card Link today. Their expertise can help safeguard your employment status while USCIS processes your renewal application.