Automatic EAD Extensions: What You Need to Know

At Saluja Law, we aim to keep our clients informed about critical updates that impact employment authorization in the United States. If you've recently filed Form I-765, Application for Employment Authorization, to renew an expiring Employment Authorization Document (EAD), you may qualify for an automatic extension of your work authorization while your application is pending. Here's what you need to know.

Eligibility for Automatic EAD Extensions

To qualify for an automatic extension, you must meet the following criteria:

1. Timely Filing of Form I-765 Renewal

   • The Form I-797C, Notice of Action, receipt notice for your pending renewal application must have a “Received Date” before the “Card Expires” date shown on your current EAD.

2. Applicable Filing Date Range

   • The receipt notice must have a “Received Date” between May 4, 2022, and September 30, 2025.

3. Eligible EAD Category

   • Your renewal application must fall under one of the eligibility categories for automatic extensions. (Check the USCIS website for the full list of eligible categories.)

4. Matching Categories

   • The category on your current EAD must match the “Eligibility Category” or “Class Requested” listed on your Form I-797C, Notice of Action.
     (Note: Some exceptions apply—certain categories may have specific rules.)

How Does the Extension Work?

If you meet the above requirements, your work authorization does not expire on the date printed on your EAD. Instead, you are granted an automatic extension of your employment authorization for a specified period. This extension allows you to continue working lawfully while USCIS processes your renewal application.

Why This Matters

The automatic extension policy provides much-needed relief to workers and employers by minimizing disruptions caused by processing delays. However, understanding whether you qualify for this benefit is critical to maintaining your employment status.

Important Considerations

• Proof of Authorization: You may need to provide your employer with both your expired EAD and the Form I-797C, Notice of Action receipt notice as proof of your extended work authorization.
• Check Eligibility Categories: Not all EAD categories are eligible for automatic extensions. Ensure that your category qualifies.
• Renewal Timelines: File your renewal application as early as possible to avoid any gaps in employment authorization.

At Saluja Law, we specialize in navigating complex immigration processes, including EAD renewals and employment-related immigration matters. If you have questions about your eligibility for an automatic extension or need assistance with filing, contact us today. We're here to help you stay compliant and empowered in your employment journey.