New Guidance on Automatic Work Authorization Extensions

In an effort to deal with extensive delays in processing applications for work authorization (Form I-765), the Department of Homeland Security (“DHS”) has increased the automatic extension of work authorization for certain renewal applications from 180 days to 540 days effective May 4, 2022.  DHS also has expanded the types of applications that qualify for the automatic 540-day extension. 

The new 540-day automatic extension policy applies to renewal applications by certain foreign nationals applying under the following categories with the applicable code.

  • Refugee (a)(3)

  • Asylee (a)(5)

  • Temporary Protected Status (a)(12)

  • Dependent spouse of E visa holder (a)(17)

  • Dependent spouse of L visa holder (a)(18)

  • Applicant for asylum (c)(8)

  • Adjustment of status applicant (c)(9)

  • H-4 spouses of H-1B visa holders with approved I-140s (c)(26) 

For a full list of categories, please see USCIS’s announcement here. 

In order to qualify for the automatic 540-day extension, the “class requested” on the receipt notice must match the category on the applicant’s current EAD.

Further, H-4, E and L-2 dependent spouses need to present an unexpired Form I-94 along with the EAD receipt notice for Form I-9, Employment Eligibility Verification.

If the EAD renewal application was filed prior to May 4, 2022, and the applicant was eligible for the 180-day automatic extension, the applicant is now eligible for the 540-day extension from the EAD’s original expiration date.

This alert is for informational purposes only. Please contact me if you would like to discuss this development further.

Nadia Yakoob