Automatic Employment Authorization Document (EAD) Extension

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If you would like to have your employment authorization document (EAD) automatically extended, please read on, then contact an attorney skilled in employment immigration to learn more about this process and how we can help you.

What is the time period of automatic employment authorization document extension?

Effective May 4, 2022, Department of Homeland Security regulations provide an additional 360 days for the automatic extension time, for a total of 540 days. This extension is for certain renewal applicants who have filed Form I-765, Application for Employment Authorization, while their application is still pending.

If you meet the eligibility requirements and file within the following timelines, you will qualify:

  • Before May 4, 2022, and your 180-day automatic extension has since expired
  • Before May 4, 2022, and your 180-day automatic extension has not yet expired
  • Between May 4, 2022, and Oct. 26, 2023, inclusive of these dates

Who qualifies for the automatic employment authorization document extension?

You qualify for this extension if you:

  • Properly filed Form I-765 for a renewal of your employment authorization and/or EAD before your current EAD expired
  • Are otherwise eligible for renewal, meaning:
    • Your renewal application is under an eligible category
    • The Category on your current EAD matches the “Class Requested” listed on your Form I-797C Notice of Action, Receipt Notice

The list of eligible applicants is as follows:

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

If you have any questions, you should reach out to our firm.

What can Lightman Law Firm, LLC do for you?

In addition to learning whether you or a loved one are one of the many eligible EAD holders alluded to above, an experienced immigration lawyer from our firm will not only inform you about which documents and Forms you will need to present in order to prove your eligibility for an automatic extension but help you prepare and present them to the appropriate entities. Even if you otherwise qualify for automatic employment authorization extensions, simple mistakes, i.e. inability to produce the necessary documents in the timely manner prescribed by United States immigration law, could lead to severe repercussions. We will do our utmost to ensure that your pending application receives due consideration. Let us put our years of experience to work for you.

Contact our experienced firm

The award-winning Lightman Law Firm, founded by Douglas Lightman, has extensive experience in immigration law and international matters through both work and personal experience. With offices in Fairfax, VA, New York, New York and Jersey City, NJ, our firm understands what is at stake when it comes to immigration law matters, which is why if you have any questions, you should not hesitate to contact the Lightman Law Firm and schedule your initial consultation today.