Who Qualifies for an EAD Extension? | What You Need to Know

According to USCIS.gov, “Normally, DHS regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the EAD. However, DHS has published a temporary final rule increasing the extension period. Effective May 4, 2022, DHS is temporarily increasing the extension period and providing up to 360 days of additional automatic extension time, for a total of up to 540 days, to eligible renewal applicants. The automatic extension time is counted from the expiration date of the employment authorization and/or EAD.” Read on to learn more about who qualifies for an extension and what the process entails.

Important dates:

If you meet the eligibility requirements and file within the following timelines, you should qualify for an extension:

• 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 is eligible for an extension?

Not everyone is eligible for an extension. However, you will likely 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

Eligible applicants include:

• Refugee
• Asylee
• N-8 or N-9
• Citizen of Micronesia, Marshall Islands, or Palau
• Withholding of Deportation or Removal Granted
• Temporary Protected Status (TPS) Granted
• Spouse of principal E nonimmigrant with an unexpired I-94 showing E (including E-1S, E-2S, and E-3S) nonimmigrant status
• Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 (including L-2S) nonimmigrant status
• Asylum Application Pending
• Pending Adjustment of Status under Section 245 of the Act
• Suspension of Deportation Applicants (filed before April 1, 1997), Cancellation of Removal Applicants and Special Rule Cancellation of Removal Applicants Under NACARA
• Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972)
• 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”.
• Section 210 Legalization (pending I-700)
• Section 245A Legalization (pending I-687)
• LIFE Legalization
• Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status
• VAWA Self-Petitioners

If you have any questions or concerns about the process, our firm is here to help. Reach out to our firm to discuss your case.

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