Certain EAD Categories Are Eligible for Automatic Extensions of 540 days
December 16, 2024Certain EAD categories will now receive an automatic extension of 540 days starting January 10, 2025. This was previously a temporary rule that has now been made permanent by the Department of Homeland Security. This is good news for employers and employees, as it means fewer work gaps due to long processing times for Form I-765. To qualify for the automatic extension, applicants must:
- Hold an expiring EAD in one of the categories listed below;
- Have filed a for a renewal of their EAD card before their current card expires;
- Hold a receipt notice showing receipt of the renewal petition by the USCIS showing that it was received after May 4, 2022; and
- Hold an expiring EAD with a category that matches the Eligibility Category Code on your Form I-797C receipt notice.
The automatic extension begins on the day after the “Card Expires” date on the front of the EAD and generally continues for up to 540 days. The extension ends when the applicant receives a final decision on their renewal application or when the 540-day period expires, whichever comes earlier.
For expired or expiring EADs with category codes A17, A18, and C26, to calculate the new expiration date:
- Add 540 days to the EAD “Card Expires” date.
- Compare the 540-day auto-extended date to the Form I-94 end date.
- Whichever date is earlier is the auto-extended EAD expiration date.
To help employers and employees calculate their new EAD expiration date, the USCIS now has an EAD Automatic Extension Eligibility Calculator to confirm eligibility requirements and determine an auto-extended EAD expiration date.
The list of eligible EAD categories includes:
| The “Class requested” or “Eligibility Category” on your Form I-797C, Notice of Action, receipt notice for your Form I-765 renewal application | Description | Length of extension |
| A03 | Refugee | Up to 540 days |
| A05 | Asylee | Up to 540 days |
| A07 | N-8 or N-9 | Up to 540 days |
| A08 | Citizen of Micronesia, Marshall Islands, or Palau | Up to 540 days |
| A10 | Withholding of Deportation or Removal Granted | Up to 540 days |
| A12 | Temporary Protected Status (TPS) Granted | Up to 540 days (See TPS section below for more information) |
| A17 | Spouse of principal E nonimmigrant with an unexpired I-94 showing E (including E-1S, E-2S and E-3S) nonimmigrant status | Up to 540 days, or expiration date on I-94, whichever is sooner |
| A18 | Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 (including L-2S) nonimmigrant status | Up to 540 days, or expiration date on I-94, whichever is sooner |
| C08 | Asylum Application Pending | Up to 540 days |
| C09 | Pending Adjustment of Status under Section 245 of the Act | Up to 540 days |
| C10 | Suspension of Deportation Applicants (filed before April 1, 1997), Cancellation of Removal Applicants, Special Rule Cancellation of Removal Applicants Under NACARA | Up to 540 days |
| C16 | Creation of Record (Adjustment Based on Continuous Residence since Jan. 1, 1972) | Up to 540 days |
| C19 | USCIS determined applicant is prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit” | Up to 540 days (See TPS section below for more information) |
| C20 | Section 210 Legalization (pending I-700) | Up to 540 days |
| C22 | Section 245A Legalization (pending I-687) | Up to 540 days |
| C24 | LIFE Legalization | Up to 540 days |
| C26 | Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status | Up to 540 days, or expiration date on I-94, whichever is sooner |
| C31 | VAWA Self-Petitioners | Up to 540 days |