Maintaining work authorization can be stressful, especially with longer USCIS processing times. The good news is that some categories of Employment Authorization Document (“EAD”) are eligible for automatic extensions of up to 540 days. This means your work authorization may not terminate on the expiration date printed on your EAD card. Instead, you may be granted an automatic extension if you meet all the following criteria:
Your Form I-765, Application for Employment Authorization, receipt notice shows a “Received Date” that is before the “Card Expires” date printed on the front of your EAD. Essentially, you must have filed for an EAD renewal before your current EAD expires.
Your Form I-765 receipt notice shows a “Received Date” between May 4, 2022 and September 30, 2025.
The “Category” on the front of your current EAD matches the “Eligibility Category” on your Form I-765 receipt notice. In other words, you must be applying under the same category of employment authorization eligibility.
Your renewal application is under a category that is eligible for an automatic extension. H-4 spouses eligible for employment authorization are among those permitted categories.*
Your employer may request proof that your EAD has been automatically extended. The following combination of documents is generally sufficient to prove automatic extension for those who meet all the above eligibility criteria:
Your current EAD, whether expired or unexpired;
Your unexpired Form I-94; and
The I-765 receipt notice for your pending EAD renewal application.
If you have questions about an automatic extension for your or your employee’s EAD, please contact me through the “Contact Us” link on my website or by emailing info@pdortegalaw.com.
*See https://www.uscis.gov/eadautoextend for a complete list of eligible categories.
