May 9, 2022
USCIS Is Automatically Extending Certain Expiring or Expired EADs for Up to 540 Days
Dear Stakeholder,
From May 4, 2022 to October 26, 2023, U.S. Citizenship and Immigration Services (USCIS) is temporarily extending the validity of expiring or expired employment authorization documents (EADs) for certain applicants while their Form I-765, Application for Employment Authorization remains pending. This temporary change affects many USCIS customers, including VAWA self-petitioners and applicants for asylum, permanent resident status (Green Card), or Temporary Protected Status (TPS).
What This Means
If you have a pending Form I-765 to renew your EAD in a category eligible for an automatic extension, USCIS will temporarily extend your employment authorization for up to 540 days AFTER the expiration date on your current EAD. In general, the category on your current EAD must be the same category you requested on your Form I‑765.
Key points to remember:
- The automatic extension will expire after the 540-day mark or when USCIS makes a decision on your renewal Form I-765, whichever is sooner.
- If your original 180-day automatic extension already expired but less than 540 days have passed since the expiration date on your EAD, and you belong to one of the eligible categories, you may start working again while your renewal Form I‑765 remains pending or until you hit the 540-day mark.
- If you already received a receipt notice for your renewal Form I-765, USCIS will not mail you a new one. Refer to USCIS’ Automatic Employment Authorization Document (EAD) Extension page for what documents you need to show as proof of your employment authorization.
- If you file a renewal Form I-765 between May 4, 2022 and October 26, 2023, your receipt notice will show information about the 540-day extension. The auto-extension applies, however, to applications that were pending on May 4, 2022, as well as those filed after that date.
After October 26, 2023, USCIS plans to revert to 180-day automatic extensions.
Why This Matters
The CIS Ombudsman applauds USCIS for taking this step to address its substantial EAD backlog and the backlog’s impact on stakeholders. The aim of automatic extensions is to prevent disruptions to U.S. businesses and employees during the EAD renewal process. For years, we have heard from employers and employees about this issue and believe that this temporary step will alleviate their immediate concerns.
Additionally, USCIS has stated that this temporary automatic extension will allow it to address staffing shortages, implement efficiencies, and work towards its stated goal of a 3-month cycle time for EAD applications.
More Information
View USCIS’ news release for more information on this automatic EAD extension.
The CIS Ombudsman is committed to meeting with stakeholders and USCIS to continue to address concerns related to employment authorization. We will share additional updates on this topic when available. For more information on our office, please visit www.dhs.gov/cisombudsman or follow us on Facebook and LinkedIn.
Please complete the CIS Ombudsman Customer Satisfaction Survey. We appreciate your feedback.
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