Individuals with Temporary Protected Status (TPS) may qualify for a 540-day extension of the Employment Authorization Document. Requests must be submitted on or prior to October 26, 2023, the EAD extension deadline.

Those who are beneficiaries of TPS status or have a pending TPS application can apply for renewal of their EAD to receive the 540-day extension. Generally, EADs are eligible for up to 180-day renewal periods. However, on May 4, 2022, the Department of Homeland Security published a temporary final rule extending the renewal period an additional 360 days, for a total of 540 days of extension.

With approval, the extended period starts on the expiration date of the current EAD. This temporary increase is available to eligible renewal applicants with pending applications if they file a Form I-765 renewal application between May 4, 2022, and Oct. 26, 2023, inclusive of these dates.

If the Form I-765 renewal application is filed after Oct. 26, 2023, the normal 180-day automatic extension period applies.

For employers completing Form I-9, specific forms and category codes are required. Employees may submit a facially expired EAD with either an A12 or a C19 code. They must also submit their Form I-797C with a filing date after the expiration date noted on the EAD. The employment authorization must note eligibility for automatic EAD extension.

If you have questions about the automatic EAD extension or any other immigration-related issue, contact us at ILBSG. Our expertise in employment-based law ensures you get the right advice for your specific situation.

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