Automatic Employment Authorization Document (EAD) Extension

Certain renewal applicants who have filed Form I-765, Application for Employment Authorization, qualify for an automatic extension of their expiring employment authorization and/or EADs while their application is pending. You qualify for this extension if you:

  • Properly filed Form I-765 for a renewal of your employment authorization and/or EAD before your current EAD expired, and
  • Are otherwise eligible for a renewal, which means that:
    • Your renewal application is under a category that is eligible for an automatic extension (see the list of categories below); and
    • The Category on your current EAD matches the “Class Requested” listed on your Form I-797C Notice of Action, Receipt Notice. (Note: If you are a Temporary Protected Status (TPS) beneficiary or pending applicant, your EAD and this Notice must contain either the A12 or C19 category, but the categories do not need to match each other. In addition, for H-4, E, and L-2 dependent spouses, an unexpired Form I-94 indicating H-4, E, or L-2 nonimmigrant status (including E-1S, E-2S, E-3S, and L-2S class of admission codes) must accompany Form I-797C when presenting proof of employment authorization to an employer for Form I-9, Employment Eligibility Verification, purposes).

Automatic Extension Time Period—Temporary Increase to up to 540 Days

Normally, DHS regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the EAD. However, DHS has published a temporary final rule increasing the extension period. Effective May 4, 2022, DHS is temporarily increasing the extension period and providing up to 360 days of the additional automatic extension time, for a total of up to 540 days, to eligible renewal applicants. The automatic extension time is counted from the expiration date of the employment authorization and/or EAD. This 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.

If you file your Form I-765 renewal application after Oct. 26, 2023, the normal 180-day automatic extension period will apply.

Proof of an Automatic Extension

The automatic extension period, including the temporary increase to the extension period, is provided to certain renewal applicants to help prevent gaps in employment authorization and documentation.

If you file a Form I-765 renewal application on or after May 4, 2022, USCIS will send you a Form I-797C Notice of Action receipt notice that has information regarding the up to 540-day automatic extension. If you are eligible for the automatic extension, this receipt notice, together with your expired EAD (and your unexpired Form I-94, if you are an H-4, E, or L-2 dependent spouse, including E-1S, E-2S, E-3S, and L-2S class of admission codes) will serve as acceptable proof of employment authorization and/or EAD validity during the up to 540-day automatic extension period.

If you filed a Form I-765 renewal application before May 4, 2022, you should have received a Form I-797C Notice of Action receipt notice that describes the automatic extension period of up to 180 days. You will not receive a new I-797C receipt notice reflecting the increased employment authorization and/or EAD automatic extension period. However, Form I-797C receipt notices that refer to an up to 180-day automatic extension will still meet the regulatory requirements for completing Form I-9, including if your 180-day automatic extension expired prior to May 4, 2022.

For information about automatic extension of Employment Authorization, contact our office at (212)258-0713.

Introduction to Immigration Court Video

EOIR has released an Introduction to Immigration Court video as part of its “Access EOIR” initiative. The video, currently available in English and Spanish, is designed to educate and inform noncitizens about the immigration court process. Please visit the Access EOIR webpage or EOIR’s YouTube channel to watch the video.

For assistance with your immigration process, call the LAW OFFICES OF NORKA M. SCHELL, LLC at (212) 258-0713.

DHS, VA Launch New Online Services for Noncitizen Service Members, Veterans, and Their Families

Release Date: February 7, 2022

WASHINGTON – On February 7, 2022, the Department of Homeland Security (DHS), in partnership with the Departments of Veterans Affairs and Defense, launched two new resources to support our nation’s noncitizen service members, veterans, and their families. Through its Immigrant Military Members and Veterans Initiative (IMMVI), DHS will host a one-stop online center to consolidate relevant federal resources. As part of the resource center, DHS has also created a portal for veterans who need assistance in applying to return to the United States or accessing VA benefits to which they may be entitled.

“These new resources are just the first step to help support noncitizen service members and their families who have made tremendous sacrifices for our country,” said Secretary Mayorkas. “We are committed to identifying previously removed veterans to ensure they are able to obtain VA benefits, access COVID-19 vaccines, and return to the United States as appropriate.”

“Veterans qualify for VA benefits based on their service to our country and never on their immigration status,” said Veterans Affairs Secretary Denis McDonough. “We are proud to work with our partners at DHS and DoD to honor the service of immigrant and noncitizen Veterans by ensuring that they have access to information about the care and services available to them.”

The new one-stop resource center will consolidate resources and forms from DHS, the Department of Veterans Affairs (VA), the Department of Defense (DoD), and other agencies so noncitizen service members, veterans, and their families are able to easily find any needed forms and resources.

The new portal on the DHS website will provide previously removed veterans a simple and fast way to get in touch with the Department for assistance with any questions or issues they may have as they seek assistance in returning to the United States or accessing their VA benefits.

To date, the initiative has helped dozens of veterans access the U.S. immigration system and their VA benefits, and several individuals have been able to return to the U.S. DHS offices and agencies continue to actively review policies for individuals with military association to determine how to best meet the commitments made in this initiative.