Automatic Extension of Employment Authorization Permanently Expanded

The final rule will become effective on Jan. 13, 2025 and will apply to eligible applicants with timely filed renewal EAD applications pending or filed on or after May 4, 2022.

If the individual filed Form I-765, Application for Employment Authorization, to renew their expiring EAD, they may qualify for an automatic extension of the expiration date printed on their EAD while their application is pending. They qualify for this automatic extension if:

• The Form I-797C, Notice of Action, receipt notice they received for their pending Form I-765 renewal application has a “Received Date” that is before the “Card Expires” date shown on the face of their EAD;
  
  
• The Form I-797C, Notice of Action, receipt notice has a “Received Date” on or after May 4, 2022;
  
  
• Their renewal application is under a category that is eligible for an automatic extension; and
  
  
• The category on their current EAD matches the “Eligibility Category” or “Class Requested” listed on their Form I-797C, Notice of Action, receipt notice.

If all the above factors are met, then their employment authorization doesn’t expire on the date printed on their EAD, because they have been granted an automatic extension. 

Prior to the final rule, the automatic extension period for qualifying EADs was scheduled to revert to up to 180 days for applicants who timely file Form I-765 renewal applications after Sept. 30, 2025.