In order to help prevent gaps in employment authorization and documentation, USCIS issued a temporary Rule that provides up to 360 days of additional automatic extension time (for a total of up to 540 days) to eligible applicants with a timely-filed Form I-765 renewal application pending during the 18-month period after publication of this rule. The legible applicants are those who both: (1) Properly filed Form I-765 for a renewal of their employment authorization and/or EAD before their current EAD expired, and (2) Are otherwise eligible for a renewal, which means that: Your renewal application is under a category that is eligible for an automatic 180-day 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. 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 must accompany Form I-797C). 

The eligible categories are: Refugee Asylee N-8 or N-9 Citizen of Micronesia, Marshall Islands, or Palau, Withholding of Deportation or Removal Granted, Temporary Protected Status (TPS) Granted, Spouse of principal E nonimmigrant with an unexpired I-94 showing E nonimmigrant status, Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 nonimmigrant status, Asylum Application Pending, Pending Adjustment of Status under Section 245 of the Act, Suspension of Deportation Applicants (filed before April 1, 1997), Cancellation of Removal Applicants, Special Rule Cancellation of Removal Applicants Under NACARA, Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972), 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”, Section 210 Legalization (pending I-700), Section 245A Legalization (pending I-687), LIFE Legalization, Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status, VAWA Self-Petitioners.

Beginning Oct. 27, 2023, automatic extensions of employment authorization and EAD validity will revert to the up to 180-day period for those eligible applicants who timely file Form I-765 renewal applications. 

Noncitizens with a pending EAD renewal application whose 180-day automatic extension has lapsed and whose EAD has expired will be granted an additional period of employment authorization and EAD validity, beginning on May 4, 2022 and lasting up to 540 days from the expiration date of their EAD, such that they may resume employment if they are still within the up to 540-day automatic extension period and are otherwise eligible.

Noncitizens with a pending renewal application still covered under the 180-day automatic extension will be granted an additional up to 360-day extension, for a total of up to 540 days past the expiration of the current EAD.

Noncitizens with a pending renewal application and valid EAD on May 4, 2022, or who timely file an EAD renewal application before Oct. 27, 2023, will be granted an automatic extension of up to 540 days if their EAD expires before the renewal application is processed.The automatic extension generally will end upon notification of a final decision on the renewal application or the end of the up to 540-day period (meaning, up to 540 days after the expiration date on the applicant’s facially expired EAD), whichever comes earlier.