The Department of Homeland Security has temporarily increased the automatic extension time period for EAD to up to 540 days, effective immediately on May 4, 2022. This rule only applies to those EAD categories currently eligible for an automatic up to 180-day extension, which will temporarily provide 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 rule while USCIS continues to work through pending caseloads that were exacerbated by the COVID-19 pandemic. 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.

The eligible renewal applicants are as follows:

1. Refugee;
2. Asylee;
3. N-8 or N-9;
4. Citizen of Micronesia, Marshall Islands, or Palau;
5. Withholding of Deportation or Removal Granted;
6. Temporary Protected Status (TPS) Granted;
7. Spouse of principal E nonimmigrant with an unexpired I-94 showing E (including E-1S, E-2S and E-3S) nonimmigrant status;
8. Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 (including L-2S) nonimmigrant status;
9. Asylum Application Pending;
10. Pending Adjustment of Status under Section 245 of the Act;
11. Suspension of Deportation Applicants (filed before April 1, 1997), Cancellation of Removal Applicants Special Rule, Cancellation of Removal Applicants Under NACARA;
12. Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972);
13. 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”;
14. Section 210 Legalization (pending I-700);
15. Section 245A Legalization (pending I-687);
16. LIFE Legalization;
17. Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status; and
18. VAWA Self-Petitioners.

Furthermore, the extension is available to renewal applicants with pending applications and the I-765 Form was filed either:

• Before May 4, 2022, and your 180-day automatic extension has since expired;
• Before May 4, 2022, and your 180-day automatic extension has not yet expired; or
• Between May 4, 2022 and Oct. 26, 2023, inclusive of these dates.

The regular 180-day automatic extension period will apply to those renewal applicants who will file their I-765 Forms after Oct. 26, 2023 which marks the end of the effectiveness of this temporary rule.

If you are eligible for the extension period, you can present your I-797C Notice of Action Receipt Notice along with your expired EAD as proof of an automatic extension which should reveal the relevant dates in your application.

Nevertheless, regardless of the extension period, applications are still subject to the approval or denial of the USCIS and automatic extension period may still terminate even prior to a 540-day extension period.

Attorney Jing Feng is a decorated immigration lawyer who has been working in immigration for years. She has notable experience in this domain and has successfully gained U.S. residency for thousands of her clients. For more consultation on visa preparation, please contact Jing Feng Law Group, PLLC at jfeng@fengvisa.com or 646-288- 7129. We look forward to hearing from you!