Certain holders of Employment Authorization Documents (EAD) who have a pending renewal application, qualify for an automatic extension validity date through the renewal pending status, per U.S. Citizenship and Immigration Services. Qualifying applicants who filed Form I-765, Application for Employment Authorization, those who have received or applied for Temporary Protected Status (TPS) or asylum, are included in the extension.
USCIS typically provides an extension period of up to 180 days from the EAD expiration date. Last year, USCIS announced a longer automatic extension period for EADs, moving from 180 days to 540 days, through a temporary final rule. In that rule, USCIS stated after the first 540-day extension, the original 180-day extension returns for individuals who timely file Form I-765 EAD on or after October 27, 2023. The return to the 180-day extension is not retroactive. Existing 540-day automatic extensions remain valid.
For those with an increased 540-day automatic extension under the May 2022 rule, the extended period ends when a final decision is reached or when the extension expires, whichever comes first. USCIS is currently reviewing the need for a new regulatory action offering an automatic extension.
USCIS is working to reduce the I-765 backlog. For the following individuals, USCIS provides a five-year EAD validity period for both initial and renewal applications approved on or after September 27, 2023:
Qualifying noncitizens with employment authorization based on status or circumstance, including refugees, individuals with approved asylum status, and those granted withholding of removal;
Some noncitizens who must apply for employment authorization, including those applying for asylum, pursuing withholding of removal, suspension of deportation, cancellation of removal, or adjustment of status.
The increased EAD validity period for qualifying individuals is meant to significantly reduce existing backlogs. USCIS continues to work toward reducing processing times overall, leveraging improved processes, additional staff, and more.
If you have questions about your EAD or any other immigration-related issue, contact us at ILBSG. We actively monitor ongoing updates to U.S. immigration policy to ensure our clients get the right advice for their specific situations.
