An Employment Authorization Document (EAD) is a work permit issued to individuals in many different immigration categories. If you receive an EAD, it may be used to prove to an employer that you are legally authorized to work in the United States. If you are eligible for an EAD, you may submit an application on Form I-765, with photos and fees, if required.
As long as you remain eligible for an EAD, you may apply to renew the EAD before it expires. United States Citizenship and Immigration Services (USCIS) has previously granted an automatic 180-day extension to work authorization while an EAD renewal application is pending for certain applicants.
You may be eligible for an automatic extension of work authorization if:
- You timely filed your Form I-765 before the 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 previous EAD. (There is an exception for Temporary Protected Status (TPS) beneficiaries or pending applicants: their EAD and renewal application must contain either the A12 or C19 category, but the categories do not have to match each other.)
- Your eligibility for employment authorization is NOT dependent on the adjudication of another benefit.
Now, due to historically long processing times, USCIS has temporarily increased the automatic extension period for up to 540 days, while an EAD renewal application is pending. The change was formalized through a Temporary Final Rule, which will remain in place through October 26, 2023. After October 26, 2023, USCIS has indicated that it will revert to 180-day automatic extensions.
To receive the automatic extension of up to 540 days, you must timely file an EAD renewal application in an eligible category by October 27, 2023.
As proof of your employment authorization, you will present your expired or expiring EAD and the Form I-797 C receipt notice that USCIS sent you after you filed your EAD renewal application. Your employer is required to verify or reverify your employment authorization and record the details of the documents that you present on Form I-9.
If you or your employer are confused about when your work authorization extension will now expire, you’re not alone!
USCIS has created an online tool to assist you and your employer in calculating your work authorization extension date: https://www.uscis.gov/i-9-central/form-i-9-resources/ employment-authorization-document-ead-automatic-extension- calculator.
Finally, if your EAD renewal application is denied, then the automatic extension of work authorization may end before the 540-day period your work authorization, please discuss the specifics of your situation with an attorney Anna Korneeva.
Contact our office: 513-334-3008
