EAD Work Authorization

Automatic extension of Employment Authorization (EAD)

Automatic extension of Employment Authorization (EAD) – If you currently have employment authorization (EAD), you might qualify for an automatic extension. Certain applicants who have filed Form I-765, Application for Employment Authorization, qualify for automatic extensions of their expiring employment authorization and/or EADs for up to 180 days if they:

  • Properly filed Form I-765 for a renewal of their employment authorization and/or EAD before their current EAD expired, and
  • Are otherwise eligible for a renewal, which means that:
    • Your renewal application is under a category that is eligible for an automatic 180-day extension (see the list of categories below); and
    • The Category on your current EAD matches the “Class Requested” listed on your Form I-797C Notice of Action.

The following are eligible for an automatic extension of up to 180 days:

  • Refugee – (a)(3)
  • Asylee – (a)(5)
  • N-8 or N-9 – (a)(7)
  • Citizen of Micronesia, Marshall Islands, or Palau – (a)(8)
  • Withholding of Deportation or Removal Granted – (a)(10)
  • Temporary Protected Status (TPS) Granted – (a)(12)
  • Spouse of principal E nonimmigrant with an unexpired I-94 showing E nonimmigrant status – (a)(17)
  • Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 nonimmigrant status – (a)(18)
  • Asylum Application Pending – (c)(8)
  • Pending Adjustment of Status under Section 245 of the Act – (c)(9)
  • Suspension of Deportation Applicants (filed before April 1, 1997)Cancellation of Removal Applicants Special Rule Cancellation of Removal Applicants Under NACARA – (c)(10)
  • Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972) – (c)(16)
  • Pending initial application for TPS where USCIS determines the applicant is prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit” – (c)(19)
  • Section 210 Legalization (pending I-700) – (c)(20)
  • Section 245A Legalization (pending I-687) – (c)(22)
  • LIFE Legalization – (c)(24)
  • Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status – (c)(26)
  • VAWA Self-Petitioners – (c)(31)

Click here for more information from USCIS for Automatic EAD Extensions