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Book outline for Handbook for Employers M-274
  • Handbook for Employers M-274
    • 1.0 Why Employers Must Verify Employment Authorization and Identity of New Employees
    • 2.0 Who Must Complete Form I-9
    • 3.0 Completing Section 1: Employee Information and Attestation
    • 4.0 Completing Section 2: Employer Review and Verification
    • 5.0 Automatic Extensions of Employment Authorization and/or Employment Authorization Documents (EADs) in Certain Circumstances
      • 5.1 Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization and/or Employment Authorization Document
      • 5.2 Temporary Increase of Automatic Extension of EADs from 180 Days to 540 Days
      • 5.3 Automatic EAD Extensions for Temporary Protected Status (TPS) Beneficiaries
    • 6.0 Completing Supplement B, Reverification and Rehire of Form I-9
    • 7.0 Evidence of Employment Authorization for Certain Categories
    • 8.0 Rules for Continuing Employment and Other Special Rules
    • 9.0 Correcting Errors or Missing Information on Form I-9
    • 10.0 Retaining Form I-9
    • 11.0 Unlawful Discrimination and Penalties for Prohibited Practices
    • 12.0 Instructions for Agricultural Recruiters and Referrers for a Fee
    • 13.0 Acceptable Documents for Verifying Employment Authorization and Identity
    • 14.0 Some Questions You May Have About Form I-9
    • Appendix A: Common Abbreviations for Document Entry in Section 2
    • Summary of Changes
    • Table of Contents
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  2. Handbook for Employers M-274

5.0 Automatic Extensions of Employment Authorization and/or Employment Authorization Documents (EADs) in Certain Circumstances

On May 4, 2022, DHS published a temporary final rule (87 FR 26614) in the Federal Register increasing the extension period for employment authorization and/or Employment Authorization Document (EAD) for applicants within certain employment eligible categories who have a pending Form I-765, Application for Employment Authorization, requesting a renewal of their employment authorization and/or EAD. This rule temporarily increases the automatic extension period from up to 180 days to up to 540 days. The automatic extension of up to 540 days applies to qualifying EAD renewal applicants whose Forms I-797C, Notices of Action, have a “Received Date” on or before Oct. 26, 2023.

In general, employees with EADs that contain certain category codes are eligible for an automatic extension of their employment authorization and/or EADs as described in the following scenarios. See Figure 8 for an example that shows how to locate the category code and expiration date on an employee’s EAD.

 Figure 8: Finding the Category Code and Expiration Date on an EAD (Form I-766)

The eligibility category appears on the EAD under “Category.” The expiration date appears to the right of “Card Expires,” see Figure 8 below:

Screen capture of Sample Front View of Employment Authorization Card
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  • 5.1 Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization and/or Employment Authorization Document
  • 5.2 Temporary Increase of Automatic Extension of EADs from 180 Days to 540 Days
  • 5.3 Automatic EAD Extensions for Temporary Protected Status (TPS) Beneficiaries
Last Reviewed/Updated: 08/07/2023
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