In an effort to prevent gaps in employment authorization, DHS has temporarily increased the automatic employment authorization extension period by providing up to 360 days of additional automatic extension time, for a total of up to 540 days. The automatic extension time is counted from the expiration date of the employment authorization and/or EAD.
This rule is limited to the following eligibility categories: (a)(3), (a)(5), (a)(7), (a)(8), (a)(10), (a)(12), (a)(17), (a)(18), (c)(8), (c)(9), (c)(10), (c)(16), (c)(19), (c)(20), (c)(22), (c)(24), (c)(26), and (c)(31).
This extension is available if you filed your Form I-765 renewal application 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.
If you file your Form I-765 renewal application after Oct. 26, 2023, the normal 180-day automatic extension period will apply.
Documents for Proof of Automatic Extension
- Form I-765 renewal application filed on or after May 4, 2022
- If eligible, your receipt notice will include information regarding the 540-day extension.
- The receipt notice, expired EAD, and expired Form I-94 (if you are a dependent spouse in H-4, E, or L-2 status) serves as acceptable proof of employment.
- Form I-765 renewal application filed before May 4, 2022
- You should have received a receipt notice that describes the automatic extension period of up to 180 days. You will not receive a new receipt notice reflecting the increased automatic extension period.
- The receipt notice that refers to the 180-day extension, along with your EAD and unexpired Form I-94 (if you are a dependent spouse in H-4, E, or L-2 status) serves as acceptable proof of employment.
- Form I-765 renewal applicant whose 180-day automatic extension expired before May 4, 2022
- Employment authorization and/or EAD validity will automatically resume beginning on May 4, 2022, for any time remaining within the up to 540-day automatic extension period. If you are an H-4, E, or L-2 dependent spouse, count up to either 540 days after the EAD expiration or the expiration date on Form I-94, whichever is earlier.
For guidance on completing Form I-9 as it relates to automatic extensions and proof of employment authorization for hiring, rehiring, and reverification, as well as all other Form I-9-related guidance, visit I-9 Central.
If you have any questions, please contact a member of the NP Immigration Team.