Are You Eligible for the Temporary 540-Day EAD Extension Rule?

An Employment Authorization Document (EAD) is a work permit issues to individuals in many different immigration categories in order to prove they are legally authorized to work in the United States. Due to historically long processing times, USCIS had previously granted an automatic 180-day extension while an EAD renewal application was pending. As long as you remain eligible for an EAD, you may apply to renew it before it expires.

You may be eligible for an automatic 180-day EAD extension of work authorization if:

• You timely filed your Form I-765 before the date that your current EAD has expired or within the applicable filing period for TPS applicants.
• You are applying to renew your EAD in the same category as your current EAD (with exception to TPS beneficiaries or pending applicants)
• Your eligibility for employment authorization is not dependent on the adjudication of another benefit.

USCIS has temporarily increased the automatic extension period for up to 540 days while and EAD renewal is pending.

You may be eligible for the additional extension if you:

• Timely filed your EAD renewal application before May 4, 2022, and your previous 180-day auto-extension has expired
  • Then you will receive an additional 360 days of work authorization.
• Timely filed your EAD renewal application before May 4, 2022, and the original 180-day extension has not yet expired
  • Then you will receive the remainder of the 180-day extension plus an additional 360 days of work authorization.
• Have timely filed or will timely file your EAD renewal application between May 4, 2022 and October 26, 2023.
  • Then you receive a 180-day extension, plus 360 days extension for a total of 540 days of extended work authorization.

As proof of your employment, you must present your expired EAD and the Form I-797C receipt notice that you received from USCIS after filing your EAD renewal application. Keep in mind that if your EAD renewal application is denied, the automatic extension may end before the 540-day period. Your employer is required to verify or reverify your employment authorization and record the details of your documents that you present on Form I-9. To help both you and your employer determine the new expiration of your EAD, visit the USCIS EAD Extension Calculator.

For more information or to request a consultation, please visit our website!