As we reported in August 2023, the temporary increase of 540 days to the automatic extension period for employment authorization and employment authorization documents (EADs) for certain renewal applicants expired Oct. 26, 2023. Currently, certain applicants with a pending Form I-765, Application for Employment Authorization, will qualify for 180-day extensions. The good news is, as we reported on Sept. 22, 2023, effective Oct. 1, 2023, USCIS has implemented expedited processing of some EAD applications and has begun issuing some EADs with longer validity times – up to five years for some applicants.
According to the instructions on USCIS's website, you can qualify for the 180-day automatic EAD extension if you
- properly filed Form I-765 for a renewal of your employment authorization and/or EAD before your current EAD expired, and
- are otherwise eligible for a renewal, which means that
- your renewal application is under a category that is eligible for an automatic extension; and
- The category on your current, expiring EAD matches the "Class Requested" listed on your Form I-797C Notice of Action, Receipt Notice for your EAD renewal application. (Note: If you are a Temporary Protected Status (TPS) beneficiary or pending applicant, your EAD and this Notice must contain either the A12 or C19 category, but the categories do not need to match each other. ).
Applicants should file their I-765 applications on time to be eligible for the automatic 180-day extension.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
