180-Day Automatic Extensions of Employment Authorization Documents

United States Citizenship and Immigration Services (“USCIS”) announced on October 27, 2023, they would be reverting back to 180-day automatic extensions of employment authorization and EAD validity for those eligible applicants who timely file a Form I-765 renewal application on or after October 27, 2023.  This announcement follows a Temporary Final Rule (“TRF”) adopted by USCIS from May 4, 2022, through October 26, 2023, which increased the automatic extension period for employment authorization and Employment Authorization Documents (“EADs”) available to certain EAD renewal applicants up to 540-days. Please note that this change to automatic 180-day renewals does not affect beneficiaries who were granted automatic extensions of up to 540-days during the time the TRF was in effect. For beneficiaries of the 540-day extension, the increased automatic extension “will end when they receive a final decision on their renewal application or when the up to 540-day period expires (counted from the expiration date of the employment authorization and/or their EAD), whichever comes earlier.”

Since EAD validity periods are determined on the basis of the eligibility category that is granted applicants, the following corresponding categories listed on the Form I-765 renewal application are eligible for 180-days auto-renewals:

  • (a)(3)     Refugee;

  • (a)(5)     Asylee;

  • (a)(7)     N-8 or N-9;

  • (a)(8)     Citizen of Micronesia, Marshall Islands, or Palau;

  • (a)(10)  Withholding of Deportation or Removal Granted;

  • (a)(12)  Temporary Protected Status (TPS) Granted;

  • (a)(17)  Spouse of principal E nonimmigrant with an unexpired I-94 showing E (including E-1S, E-2S and E-3S) nonimmigrant status;

  • (a)(18)  Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 (including L-2S) nonimmigrant status;

  • (c)(8)     Asylum Application Pending;

  • (c)(9)     Pending Adjustment of Status under Section 245 of the Act;

  • (c)(10)   Suspension of Deportation Applicants (filed before April 1, 1997)

    Cancellation of Removal Applicants

    Special Rule Cancellation of Removal Applicants Under NACARA;

  • ·(c)(16)   Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972);

  • (c)(19)   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”;

  • (c)(20)   Section 210 Legalization (pending I-700);

  • (c)(22)   Section 245A Legalization (pending I-687);

  • (c)(24)   LIFE Legalization;

  • (c)(26)   Spouses of certain H-1B principal nonimmigrants with an unexpired

  • I-94 showing H-4 nonimmigrant status; or

  • (c)(31)   VAWA Self-Petitioners.

As USCIS continues to implement changes to alleviate the numbers of EAD renewal applications that must be filed to maintain proper work authorization, we will continue to update you.