If you’ve filed Form I-765 to renew your Employment Authorization Document (EAD), you may qualify for an automatic extension of your EAD’s expiration date while your renewal application is pending. This automatic extension provides employment security during the processing period, but understanding the requirements is essential to ensure eligibility.
Eligibility Criteria for Automatic EAD Extension
You may qualify for an automatic extension if:
- Your Form I-797C, Notice of Action, shows a “Received Date” before your EAD’s expiration date.
- The received date is between May 4, 2022, and September 30, 2025.
- The renewal application falls under one of the eligible categories (e.g., C09 for pending adjustment of status).
- The category on your current EAD matches the “Eligibility Category” on your Form I-797C.
If these conditions apply, your EAD’s expiration date is automatically extended beyond the printed date. Use the Automatic Extension Eligibility Calculator on the USCIS website to determine your new EAD expiration date.
Categories Eligible for Automatic Extensions
The eligible EAD categories include, but are not limited to:
- A03: Refugees (up to 540 days)
- A05: Asylees (up to 540 days)
- A18: Spouses of L-1 nonimmigrants (up to 540 days or I-94 expiration date, whichever is sooner)
- C09: Pending adjustment of status (up to 540 days)
Proof of an Automatic EAD Extension
To prove your EAD’s validity during the extension period, present the following:
- Your expired or unexpired EAD with a qualifying category code.
- Form I-797C, Notice of Action, with a receipt date that falls within the designated timeframe (May 4, 2022, to September 30, 2025).
For certain categories (e.g., A17, A18, C26), you must also provide an unexpired Form I-94.
Temporary Protected Status (TPS) EAD Extensions
TPS beneficiaries can also benefit from the automatic extension, provided they meet specific requirements. For example, if you filed your I-765 during your TPS re-registration period and the form falls under categories A12 or C19, you are eligible for the up-to-540-day extension. Check the Federal Register or the USCIS Temporary Protected Status page for additional details about your country’s TPS-based EAD extensions.
EAD Temporary Final Rules
Under temporary final rules published in 2022 and 2024, the automatic EAD extension period increased from 180 days to up to 540 days. These extensions apply to eligible applications filed between May 4, 2022, and September 30, 2025. The automatic extension ends upon USCIS’ final decision or at the 540-day mark, whichever comes first.
F-1 International Students and STEM OPT Extensions
F-1 students on STEM OPT extensions are not eligible for the 540-day automatic extension. Instead, they receive a 180-day extension if their OPT period expires while their application is pending. This automatic 180-day extension will end once USCIS adjudicates their STEM OPT application.
Conclusion
Understanding the automatic EAD extension process is essential to maintaining work authorization while your renewal application is pending. Ensure your documents are up-to-date, check your eligibility, and use USCIS resources like the Automatic Extension Calculator to verify your EAD’s status.
NPZ Law Group is here to guide you through your EAD renewal and ensure compliance with immigration requirements. Contact us for expert assistance with your immigration needs.