Automatic Employment Authorization Document (EAD) Extension
ALERT: On April 4, 2024, USCIS announced a temporary final rule that increases the automatic extension period for employment authorization and EADs available to certain EAD renewal applicants from up to 180 days to up to 540 days. This temporary final rule will apply to two categories of EAD applicants: (1) applicants who timely and properly filed their Form I-765 applications on or after Oct. 27, 2023, if the application is still pending on April 8, 2024; and (2) applicants who timely and properly file their Form I-765 application on or after April 8, 2024 and on or before Sept. 30, 2025 (540 days after publication of this temporary final rule in the Federal Register).
ALERT: In May 2022, USCIS announced a temporary final rule that increased the automatic extension period for employment authorization and EAD validity for certain EAD renewal applicants from up to 180 days to up to 540 days. As announced in 2022, this temporary final rule was applicable to applications filed during a limited period that ended Oct. 26, 2023. For filings made on or after Oct. 27, 2023, automatic extensions of employment authorization and EAD validity reverted to the original up to 180-day period. For individuals who received an up to 540-day automatic extension under the May 2022 temporary final rule, the automatic extension generally will end when their application is approved or denied, or on the end of the up to 540-day period, whichever comes earlier.
Certain renewal applicants who have filed Form I-765, Application for Employment Authorization, qualify for an automatic extension of their expiring employment authorization and/or EADs while their application is pending. You qualify for this extension if you:
- Properly and timely filed Form I-765 for a renewal of your employment authorization and/or EAD before your current EAD expired (except certain applicants with Temporary Protected Status (TPS) or a pending TPS application), and
- Are otherwise eligible for a renewal, which means that:
- Your renewal application is under a category that is eligible for an automatic extension (see the list of categories below); and
- The Category on your current EAD matches the “Class Requested” listed on your Form I-797C Notice of Action, Receipt Notice. (Note: If you are a Temporary Protected Status (TPS) beneficiary or pending initial applicant, your EAD and this Notice must contain either the A12 or C19 category, but the categories do not need to match each other. In addition, for H-4, E, and L-2 dependent spouses, an unexpired Form I-94 indicating H-4, E, or L-2 nonimmigrant status (including E-1S, E-2S, E-3S, and L-2S class of admission codes) must accompany Form I-797C when presenting proof of employment authorization and identity to an employer for Form I-9, Employment Eligibility Verification, purposes).
Proof of an Automatic Extension
The automatic extension period is provided to certain renewal applicants to help prevent gaps in employment authorization and documentation.
To present acceptable proof of the automatic extension of employment authorization and/or EAD validity, you can show your Form I-797C receipt notice that refers to the 180-day extension, along with your qualifying EAD (and also your unexpired Form I-94, if you are an H-4, E, or L-2 dependent spouse, including E-1S, E-2S, E-3S and L-2S class of admission codes). This document combination is sufficient proof of an up to 540-day automatic extension under the May 2022 temporary final rule or April 2024 temporary final rule, counting from the expiration date on your current EAD.
If you filed a Form I-765 renewal application on or after May 4, 2022, and before Oct. 27, 2023, and you are in one of the eligible categories below, you should have received a Form I-797C, Notice of Action receipt notice that has information regarding the up to 540-day automatic extension.
If you file a Form I-765 renewal application on or after April 8, 2024, and you are in one of the eligible categories below, USCIS will issue a Form I-797C, Notice of Action receipt notice with an explanation of the up to 540-day automatic extension period.
If you filed a Form I-765 renewal application on or after Oct. 27, 2023, and before April 8, 2024, and you are in one of the eligible categories below, even a Form I-797C notice that refers to a 180-day automatic extension still meets the regulatory requirements of the April 2024 temporary final rule. Therefore, you may present Form I-797C with your facially expired EAD to an employer to demonstrate that you are eligible for the up to 540-day automatic extension. Instead of issuing updated Form I-797C notices, USCIS will update the webpage that is referenced in the Form I-797C notice to reflect the change in the automatic extension period.
Employees and employers should refer to this webpage when determining whether a Form I-797C, Notice of Action, if presented with the facially expired EAD, is acceptable for Form I-9. Employers may attach a copy of the webpage with the employee’s Form I-9 to document the extension of employment authorization and/or EAD validity.
An individual’s automatic extension period may terminate prior to the maximum period either automatically when USCIS issues a decision on the applicant’s Form I-765 renewal application, or upon notice.
For guidance on completing Form I-9 covering automatic extensions and proof of employment authorization for hiring, rehiring, and reverification, as well as all other Form I-9-related guidance, visit I-9 Central.
Categories Eligible for Automatic Extensions
The following employment eligible categories are eligible for an automatic extension:
| The eligibility category you listed on your Form I-765 renewal application | Description |
|---|---|
| (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 (including E-1S, E-2S and E-3S) nonimmigrant status* |
| (a)(18) | Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 (including L-2S) nonimmigrant status* |
| (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 eligible 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 |
* For more information on the options available to demonstrate employment authorization for E spouses and L spouses, see E-1 Treaty Traders page (Family of E-1 Treaty Traders and Employees section), E-2 Treaty Investors page (Family of E-2 Treaty Investors and Employees section), E-3 Certain Specialty Occupation Professions from Australia page (Family of E-3 Nonimmigrant Workers section), L-1A Intracompany Transferee Executive or Manager page (Family of L-1 Workers section), or L-1B Intracompany Transferee Specialized Knowledge page (Family of L-1 Workers section).
Temporary Protected Status (TPS)
Individuals with a TPS-based EAD may receive an automatic extension of their EAD:
- Through publication of a Federal Register notice extending the TPS designation of the individual’s country, if the Federal Register notice also authorizes an automatic extension of covered individuals’ existing EADs; or
- Through this automatic extension.
F-1 International Students
F-1 students who have a pending STEM optional practical training (OPT) extension application are not eligible for the temporary increase of the automatic extension period under the 2022 or 2024 temporary final rules. The temporary increase of the automatic extension period under 8 CFR 274a.13(d) only applies to the categories listed in the chart above.
If you file your STEM OPT extension application on time and your OPT period expires while your extension application is pending, we will automatically extend your employment authorization for 180 days. This automatic 180-day extension ceases once USCIS adjudicates your STEM OPT extension application.
Additional information on filing a STEM OPT extension application is available on the Optional Practical Training Extension for STEM Students (STEM OPT) page.