What to Know About the Automatic Extension of the Employment Authorization Document

Effective May 4. 2022, certain renewal applicants who have filed Form I-765, or the Application for Employment Authorization, can qualify for an automatic extension of their expiring employment authorization or pending employment authorization document (EAD). There is also a temporary increase to the extension period, so this along with the automatic extension period is intended to prevent gaps in employment authorization and documentation. Read more and find out how a skilled Lyndhurst employment immigration attorney at the Law Offices of Salvatore A. Falletta, LLC can help you navigate this update.

Do I qualify for the automatic extension period?

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 and are otherwise eligible for renewal. This means your renewal application is under an eligible category and the Category on your current EAD matches the “Class Requested” listed on your Form I-797C Notice of Action, Receipt Notice.

With that in mind, the eligible categories are 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 the 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.

What is the temporarily increased automatic extension period?

Normally, there is an automatic extension period of up to 180 days from the expiration date stated on the EAD. However, this temporary filing rule is 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.

If you have any further questions, do not hesitate in reaching out to a knowledgeable Lyndhurst employment immigration attorney today.

Contact our experienced New Jersey firm

We understand how much is on the line when clients face matters related to immigration. If you are in need of experienced legal counsel for matters regarding immigration, please contact the Law Offices of Salvatore A. Falletta, LLC and we would be happy to provide you with assistance. Our firm is located in Lyndhurst, New Jersey. Contact us today to schedule a consultation.