Certain renewal applicants who have filed Form I-765, Application for Employment Authorization, qualify for an automatic extension of their expiring employment authorization while their application is pending. An applicant qualifies for this extension if (1) they properly and timely filed Form I-765 for a renewal of employment authorization before the current employment authorization document (EAD) expired (except certain applicants with Temporary Protected Status (TPS) or a pending TPS application), (2) their renewal application is under an eligible category (list can be found here), and (3) the category on their current EAD matches the “Class Requested” listed on their Form I-797C Notice of Action, Receipt Notice.
In a continued effort to help individuals avoid lapses in employment authorization, the U.S. Citizenship and Immigration Services (USCIS) announced that the automatic extension period for certain EADs will temporarily increase from up to 180 days to up to 540 days. This temporary final rule (TFR) will prevent work authorized individuals from having their employment authorization lapse while waiting for USCIS to adjudicate their EAD renewal applications and will apply to those who timely and properly filed their EAD renewal applications on or after October 27, 2023.