Between May 4 and June 2, 2022, USCIS issued certain Forms I-797, Notices of Action (receipt notices for Form I-765 applications) with incorrect information. In particular, the incorrect notices included language relating to an up to 180-day automatic extension for certain categories of EAD renewal applicants, instead of the correct 540-day automatic extension provided by the temporary final rule effective May 4, 2022 (Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Renewal Applicants (87 FR 26614)). USCIS printed corrected notices, with language confirming the 540-day automatic extension, for affected applications. Affected applicants should have received a corrected receipt notice by the third week of June.
For employees that meet all automatic EAD extension eligibility requirements, the employer must accept the employee's Form I-797C, Notice of Action, referring to an automatic EAD extension of up to 180 days when presented with their EAD that appears expired on the face of the card as a List A document. Follow the below guidance for Form I-9 completion.