5.0 Automatic Extensions of Employment Authorization and/or Employment Authorization Documents (EADs) in Certain Circumstances
Some noncitizens with a pending Form I-765, Application for Employment Authorization, EAD renewal application filed under certain employment eligibility codes may be eligible to receive an up to 540-day automatic extension of their employment authorization and/or EAD if they meet the requirements stated in Sections 5.1 or 5.3. The increased automatic extension of employment authorization and/or EAD from up to 180 days to up to 540 days is authorized by two DHS temporary final rules published in the Federal Register:
- The first temporary final rule applies to eligible EAD renewal applications that were timely filed between May 4, 2022, and Oct. 26, 2023, and can be found at 87 FR 26614.
- The second temporary final rule applies to eligible EAD renewal applications that were timely filed between Oct. 27, 2023, and Sept. 30, 2025, and can be found at 89 FR 24628.
Under these temporary final rules, eligible employees with EADs that contain certain category codes are generally eligible for an automatic extension of their employment authorization and/or EADs for up to 540 days from the “Card Expires” date on the face of the EAD. 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:
