U.S. Citizenship and Immigration Services (USCIS) recently announced that certain applicants who have filed for a renewal of Employment Authorization qualify for an automatic 180-day extension. In other words, noncitizens who have already filed to renew their Employment Authorization Document (EAD) will automatically get 180 more days added to their expiring EAD. This policy change allows noncitizens to continue to work while their EAD renewal application is pending, even if their current EAD expired.
To be eligible for the automatic extension, you must:
- Be a noncitizen in the U.S.
- Have timely filed Form I-765 to renew your EAD.
- Be within one of the following employment eligible categories:
- N-8 or N-9
- Temporary Protected Status (TPS) beneficiary
- Spouse of principal E nonimmigrant with an unexpired I-94 showing E status
- Spouse of principal L-1 nonimmigrant with an unexpired I-94 showing L-2 status
- Spouse of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 status.
Starting October 27, 2023, if you are eligible, you will receive a 180-day extension on your work authorization. You do not need to do anything to apply for it. USCIS will automatically extend your work authorization for 180 days from the date of expiration on your current EAD. The receipt notice from the renewal application is proof of the automatic 180-day extension. Please note that if your EAD expired before October 27, 2023, you are not eligible for this extension.
Overall, the automatic extension period is given to certain EAD renewal applicants to help prevent any gaps in employment authorization.
If you have any questions about Employment Authorization, or the automatic extension, please contact our office today!