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Marysa Burchett

Certain Employment Authorization Documents are Automatically Extended to 540 days


Certain categories of employment authorization documents (EADs) are eligible for automatic extensions upon the submission of an application for a new EAD or work permit. Generally an EAD is valid for 180 days from the expiration date of the current EAD. However, the Department of Homeland Security issued a temporary rule that increased the extension period from 180 days to 540 days to those individuals in designated categories to benefit from the automatic extension so long as their renewal application is submitted before the current EAD expires.

Some renewal applicants who have filed for a new EAD, qualify for an automatic extension of their expiring employment authorization while their renewal application is pending.


USCIS notes in the rule that, "[t]his temporary increase is available to eligible renewal applicants with pending applications if you filed your Form I-765 renewal application either:

  • Before May 4, 2022, and your 180-day automatic extension has since expired;

  • Before May 4, 2022, and your 180-day automatic extension has not yet expired; or

  • Between May 4, 2022 and Oct. 26, 2023, inclusive of these dates."

This extension is only temporary and is an attempt to relieve the severe delays in EAD processing. This new 540-day automatic extension is only available through October 26, 2023. If an applicant files for a renewal application after Oct. 26, 2023, the normal 180-day automatic extension period will apply.


For more information and the listed categories available for automatic EAD extension, see the USCIS website at: https://www.uscis.gov/eadautoextend.

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