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1. Automatic Extension Rule Change: As of October 27, 2023, the USCIS reverted the automatic extension period for EADs to the original 180 days for eligible applicants who timely file Form I-765 renewal applications. This is a change from the temporary final rule announced in May 2022, which allowed an extension of up to 540 days (https://www.uscis.gov/eadautoextend).
2. Qualification for Automatic Extension: To qualify for this extension, you must have properly filed Form I-765 for a renewal before your current EAD expired and be eligible for a renewal under a category eligible for an automatic extension. The category on your EAD must match the “Class Requested” on your Form I-797C Notice of Action, Receipt Notice (https://www.uscis.gov/eadautoextend).
3. Proof of Automatic Extension: To prove the automatic extension of employment authorization and EAD validity, present your Form I-797C receipt notice referring to the 180-day extension, along with your qualifying EAD. For certain categories like H-4, E, or L-2 dependent spouses, an unexpired Form I-94 is also required (https://www.uscis.gov/eadautoextend)
4. Completion of Form I-9: For I-9 verification purposes, the same guidelines apply, with employers advised to use the provided guidance for automatic extensions. The individual’s automatic extension period may terminate prior to the maximum period if USCIS issues a denial of the applicant’s Form I-765 renewal application or upon notice (https://www.uscis.gov/eadautoextend#:~:text=An%20individual%E2%80%99s%20automatic%20extension%20period,9%20Central%E3%80%91).
5. Eligible Categories for Automatic Extensions: There are specific categories eligible for an automatic extension, including refugees, asylees, TPS beneficiaries, spouses of certain nonimmigrants, and applicants with pending asylum or adjustment of status applications, among others.
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