Automatic Employment Authorization Document Extensions

If you have filed to renew your Form I-765, Application for Employment Authorization Document (EAD), you may qualify for an extension. Read on to learn more.

What is an EAD?

If you are authorized to work in the United States because of your status as an asylee, refugee, or U nonimmigrant, you will need evidence of employment authorization. If you are someone who is required to apply for permission to work in the U.S., such as those with pending Form I-485s, Form I-589s, or those who need permission from USCIS, to work in the U.S., you will also need an EAD, which can be obtained by filling out a Form I-765.

Who qualifies for this extension?

According to www.uscis.gov, you will 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, and
• Are otherwise eligible for a renewal, which means that:
  • Your renewal application is under a category that is eligible for an automatic 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, Receipt Notice. (Note: If you are a Temporary Protected Status (TPS) beneficiary or pending applicant, your EAD and this Notice must contain either the A12 or C19 category, but the categories do not need to match each other. In addition, for H-4, E, and L-2 dependent spouses, an unexpired Form I-94 indicating H-4, E, or L-2 nonimmigrant status (including E-1S, E-2S, E-3S, and L-2S class of admission codes) must accompany Form I-797C when presenting proof of employment authorization to an employer for Form I-9, Employment Eligibility Verification, purposes).

Additionally, just some of the following categories are eligible for an extension:

• Refugee
• Asylee
• Citizen of Micronesia, Marshall Islands, or Palau

What is the time period for an extension?

The typical automatic extension period is 180 days. However, the Department of Homeland Security is temporarily increasing the period and providing up to 360 days of additional automatic extension time, for a total of up to 540 days to those who are eligible.

If you have any questions about the application for the employment authorization extension, our firm is here to help. We will walk you through the process every step of the way. Reach out today to discuss your case with an experienced and dedicated immigration law attorney.

Contact Our New York City Immigration Lawyers

For an initial consultation with a skilled New York immigration lawyer, contact the Law Office of Cheryl R. David.