In response to an enormous backlog of employment authorization document (EAD) applications, USCIS announced that the automatic extension period for EAD renewals will increase from 180 days to 540 days.
Typically, EAD renewal applicants are granted an automatic extension period of up to 180 days from the date their EAD expires. But as of May 4, 2022, foreign workers with expiring EADs will be granted an extension of 540 days from the initial expiration date on those documents. Therefore, affected workers will now be able to use their EADs for nearly 18 months after they expire.
Renewal applicants qualify for this extension if they (1) have filed Form I-765 for renewal before their current EAD expired, (2) have been eligible for renewal under a category that is eligible for automatic extension, and (3) the category on their current EAD matches the “Class Requested” listed on their Form I-797C Notice of Action, Receipt Notice. TPS applicants, in particular, may still qualify for the extension even if they do not meet the third requirement.
If you are eligible for the automatic extension and filed the Form I-765 renewal application after May 4, 2022, USCIS will send you a Form I-797C Notice of Action receipt notice describing the 540-day extension that will serve as acceptable proof of employment authorization and/or EAD validity during the up to 540-day automatic extension period.
If you filed the Form I-765 renewal application before May 4, 2022, you should have received a Form I-797C Notice of Action receipt notice that describes the original automatic extension period of 180 days. You will not receive a new I-797C receipt notice reflecting the increased 540-day extension period. However, the notice will still meet regulatory requirements if your 180-day automatic extension expired prior to May 4, 2022.
The EAD extension is set to end on October 26, 2023. After Oct. 26, 2023, the original 180-day automatic extension period will resume.