4.4 Automatic Extensions of Employment Authorization Documents (EADs) in Certain Circumstances

Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization and/or Employment Authorization Document

Foreign nationals in certain employment eligibility categories who file Form I-765, Application for Employment Authorization, to renew their EADs  may receive automatic extensions of their expiring EAD for up to 180 days. The extension begins on the date the EAD expires and continues for up to 180 days, unless USCIS denies the renewal application. An automatic EAD extension depends on these requirements:

  • Employees must have filed an application to renew their EAD before it expires (except certain employees with Temporary Protected Status (TPS)), and the application remains pending;
  • The eligibility category on the front of the EAD is the same eligibility category on the employee’s Form I-797C, Notice of Action (except employees with TPS who may have a C19/A12 combination); and
  • Current EAD eligibility categories for a 180-day automatic extension are A03, A05, A07, A08, A10, C08, C09, C10, C16, C20, C22, C24, C31, and A12 or C19.  The eligible categories are published on the USCIS Automatic EAD Extension page.

An EAD that appears to be expired is automatically extended when the employee also presents a Form I-797C that shows a timely filed EAD renewal application. The EAD and Form I-797C must have the same qualifying eligibility category as that on the expired EAD. See below for information on TPS-based EAD auto-extensions that may not require Form I-797C, Notice of Action.

To find the eligibility category on your employee’s EAD, see Figure 7 below:

Figure 7: Auto-Extended Employment Authorization Documents
Finding the Category and Expiration Date on an EAD (Form I-766)
Screen capture of Finding the Auto-Extended EAD Expiration Date on the I-797C: Sample 1

The eligibility category appears on the EAD under Category.

The expiration date appears to the right of Card Expires.

Finding the Auto-Extended EAD Expiration Date on the I-797C: Sample 1
Screen capture of Auto-Extended Employment Authorization Documents
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The receipt number appears on Form I-797C, Notice of Action, in the Receipt Number field.

 
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The filing date (the date USCIS received the application) appears in the Received Date field. Except as explained below for TPS beneficiaries, this date should be on or before the “Card Expires” date on the EAD.

 
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The category may appear on Form I-797C in the Class Requested field. If you do not see this field, see Sample 2 below.

 
Finding the Auto-Extended EAD Expiration Date on the I-797C: Sample 2
Screen capture of Finding the Auto-Extended EAD Expiration Date on the I-797C: Sample 2
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The receipt number appears on Form I-797C in the Receipt Number field.

 
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The filing date (the date USCIS received the application) appears in the Received Date field. This date should be on or before the “Card Expires” date on the EAD.

 
Circled 3

The category may appear on Form I-797C in the Eligible Category field.

 

How to Complete Form I-9 for EADs Extended by I-797C

New employees presenting an EAD that has been automatically extended must complete Section 1 as follows:

  • Select “An alien authorized to work until;” and
  • Enter the date that is 180 days from the “Card Expires” date on their EAD as their expiration date.

Employees whose status does not expire, such as refugees or asylees, should enter N/A as the expiration date.

In Section 2, the employer must:

  • Enter EAD in the Document Title field.
  • Enter the receipt number from Form I-797C in the Document Number field.
  • In the Expiration Date field, enter the date 180 days from the “Card Expires” date on the EAD. This expiration date may be cut short if USCIS denies the employee’s renewal application before the 180-day period expires.  
  • Enter EAD EXT in the Additional Information field.

For a current employee, employers must update the Additional Information field in Section 2 when the employee’s EAD has been automatically extended. Employers should enter EAD EXT and the 180-day auto-extended date in the Additional Information field in Section 2. For example, EAD EXT mm/dd/yyyy.

Federal Register Notice Automatic EAD Extensions for TPS Beneficiaries

DHS also may extend the expiration date of a TPS beneficiary’s EAD by Federal Register notice. The notice provides an extension of the EAD expiration date based on the EAD “Card Expires” date and the category code of A12 or C19 that your employee presents for Form I-9.  These notices provide instructions for completing or updating Form I-9. You may not require employees to prove they are a national of a country that DHS has designated for TPS.

TPS beneficiaries are not required to present a Form I-797C confirming that they reregistered for TPS. However, please refer to the Federal Register notice for additional guidance to determine if employees need to confirm that they applied for a new EAD.

For TPS EAD extension information, visit USCIS TPS or I-9 Central TPS.

How to Complete Form I-9 for EADs Extended by Federal Register Notices

In Section 1, new employees presenting an EAD automatically extended by a Federal Register notice must:

  • Select “An alien authorized to work until;” and
  • Enter the EAD automatic extension date provided in the appropriate Federal Register notice as the expiration date. Employers can find a link to each TPS country’s Federal Register notice on the USCIS TPS webpage.

In Section 2, the employer must:

  • Enter EAD in the Document Title field.
  • Enter the document number from the EAD with Category A12 or C19.
  • Enter the automatic extension date provided in the Federal Register notice as the document expiration date.

For a current employee, employers must update the Additional Information field in Section 2 when the employee’s EAD has been automatically extended. Enter EAD EXT and the EAD automatic extension date from the Federal Register notice in the Additional Information field in Section 2. For example, EAD EXT mm/dd/yyyy.

Reverification

You must reverify employees when their automatic extension ends, no later than the date their work authorization expires. You can reverify them before the automatic extension ends if they present any document that shows current employment authorization, such as any document from List A or C.

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