If you’re an employee or employer navigating Employment Authorization Document (EAD) renewal and the automatic extension policies, this guide will help you understand the process, confirm eligibility, and take the right steps to ensure compliance.
The automatic extension period for EADs has been increased to 540 days, making it easier to continue working while your renewal application is pending. Follow these steps to simplify the process and stay compliant.
What Is the EAD Automatic Extension?
The EAD automatic extension allows eligible employees to continue working legally in the U.S. after their EAD expires, as long as they have filed a Form I-765 (Application for Employment Authorization) for renewal. The 540-day extension ensures no interruptions while their application is being processed.
Who is eligible?
Employees in certain EAD categories who filed their renewal application on time.
Employers can confirm eligibility by reviewing employee documentation.
For a full list of eligible categories, visit the USCIS EAD Eligibility List.
Key Steps for Employees and Employers
Step 1: Confirm Eligibility
Employees:
Review your EAD category code (located on the front of your card).
Ensure you filed Form I-765 before your current EAD expired.
Employers:
Verify eligibility by checking:
The expired EAD card.
The I-797C receipt notice confirming the timely filing of the EAD renewal.
Tip: Use this USCIS Automatic EAD Extension Tool to confirm eligibility quickly.
Step 2: Gather and Present Documentation
Employees:
Provide the following to your employer for Form I-9 verification:
Your expired EAD.
Your I-797C receipt notice showing you filed a timely EAD renewal.
Employers:
Record these documents for the employee’s Form I-9 and follow the I-9 guidance for automatic EAD extensions.
Step 3: Communicate Effectively
Employees:
Notify your employer promptly about your EAD renewal and automatic extension. Use a template email or letter to explain your updated authorization status.
Employers:
Ensure HR staff understands how to process automatic extensions and update Form I-9 records accurately.
Step 4: Monitor Expiration and Processing
Employees:
Track your EAD renewal application status using the USCIS Case Status Tracker.
Set reminders to follow up before the 540-day extension ends.
Employers:
Use calendar tools to remind you to follow up with employees about updated documentation before the automatic extension expires.
Why the 540-Day Automatic Extension Matters
For employees: It prevents job loss and financial instability while waiting for renewal processing.
For employers: It reduces turnover and avoids costs of replacing workers during processing delays.
From FY 2023 to FY 2027, the automatic extension is expected to stabilize $10 billion in earnings for employees and save $3.5 billion in turnover costs for employers.
Frequently Asked Questions (FAQs)
Q: How long does the automatic extension last?
A: The extension period is up to 540 days from the expiration date of the current EAD.
Q: What happens if my renewal isn’t processed within the 540-day period?
A: Employees should monitor the status of their renewal application and contact USCIS if delays persist.
Q: How do I update Form I-9 for an employee with an automatic extension?
A: Follow the steps outlined in the I-9 Central Guide for EAD Extensions.
Helpful Resources
By understanding and following these steps, both employees and employers can confidently navigate the EAD automatic extension process, ensuring compliance and job stability.
Need more help? Contact USCIS or consult your HR/legal team for additional support.