The Department of Homeland Security (DHS) has announced a wonderful new permanent rule – affecting certain applicants who have timely filed for renewal of their employment authorization. 

The government’s new rule means that the automatic extension period of employment authorization and employment authorization documentation will be increased from 180 days to up to 540 days from the expiration date listed on an applicant’s Employment Authorization Document (EAD), provided that they meet the required factors. In order to prove to your employer that your EAD has been automatically extended while you wait for your new EAD, you will need to show your current EAD card as well as your USCIS receipt notice (Form I-797C, Notice of Action, Receipt Notice) that your renewal application is pending. 

USCIS lists the required factors for automatic EAD extension as follows: 

• The Form I-797C, Notice of Action, receipt notice you received for your pending Form I-765 renewal application has a “Received Date” that is before the “Card Expires” date shown on the face of your EAD;

• The Form I-797C, Notice of Action, receipt notice has a “Received Date” on or after May 4, 2022, and on or before Sept. 30, 2025;

• Your renewal application is under a category that is eligible for an automatic extension (see the list of categories below); and

• The category on your current EAD matches the “Eligibility Category” or “Class Requested” listed on your Form I-797C, Notice of Action, receipt notice. 

[Click here to view the exceptions for certain categories.]

Depending on one’s status, EADs are valid for one, two, or five year terms. Regardless of the status your EAD is based on, in order to renew it, a Form I-765, Application for Employment Authorization, must be timely filed. “Timely filed” means that USCIS (U.S. Citizenship and Immigration Services) received your application for EAD renewal before the expiration date listed on your EAD. If all other EAD extension requirements have been met, you can use the Automatic Extension Eligibility Calculator to check your eligibility and your auto-extended EAD expiration date. 

The decision for a longer automatic extension was made with the specific goal to better ensure continuity of operations for U.S. employers. Almost 20% of the U.S. workforce is made of immigrant workers, which equates to about 30 million people, many of which have EADs. 

We recommend that you file for EAD renewal three to six months before your EAD is set to expire. 

If you have questions about filing for employment authorization, or another immigration petition, please reach out to us at (757) 422-8472, or send us a message on our website. You can also schedule an appointment with one of our attorneys by clicking on this link.