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    4. Employment authorization automatic extension period increasedArticles

    Article

    Employment authorization automatic extension period increased

    May 9, 2022

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    By Brianna Thompson and Courtney New

    Employment authorization automatic extension period increased to 540 days for certain applicants

    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.

    I-9 Verification

    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.

    ImmigrationLaw And Policy UpdatesI-9Employment Authorization DocumentNonimmigrant StatusE 1 VisaE 2 VisaH-1B VisaL 1 Visa

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