USCIS issued incorrect receipt notices for Form I-765, Application for Employment Authorization, between May 4 and June 2, 2022. The incorrect information included language about a 180-day automatic extension for specific categories of EAD applicants.
The correct information should have instead mentioned a 540-day automatic EAD extension, which USCIS already announced early last month. According to USCIS, correction notices have already been printed for the affected applicants and are expected to arrive by the third week of June.
USCIS Announced Automatic EAD Renewal Extension in May
On May 3, 2022, USCIS announced the temporary final rule that allowed for the automatic EAD extension period for certain categories of EAD applicants to be increased to up to 540 days.
The Department of Homeland Security previously allowed applicants a 180-day automatic extension for EAD renewals. As of May 4, 2022 however, DHS will temporarily increase the extension period by up to 360 days.
In other words, eligible applications may qualify for an automatic extension period of up to 540 days after the expiration date stated on their current Employment Authorization and/or EAD.
Pending EAD Applicants and Employers Vulnerable to Employment Gaps
The announcement stated that the purpose of this rule is to help noncitizens in the U.S. avoid employment gaps if they are still waiting for their EAD renewal.
According to the Federal Register “DHS is taking these steps to help prevent renewal applicants from experiencing a lapse in employment authorization and/or documentation while their applications remain pending and solutions are implemented to return processing times to normal levels.”
The move is also meant to alleviate the stress faced by U.S. employers so that they can continue their business operations without having to wait on their employees’ or future employee’s pending EAD renewal applications.
Qualifications for Automatic EAD Renewal
While their application is getting processed, certain EAD renewal applicants may automatically qualify for an extension of up to 540 days.
Qualified applicants have:
- Already filed the Application for Employment Authorization for a renewal and/or EAD before the current one expired,
Qualified applicants who did not file an Application for Employment Authorization may qualify if:
- Their renewal application is under an eligible category according to the list provided by USCIS (see Figure 1)
- Their current EAD category is the same as the “Class Requested,” which can be found on their Notice of Action, Receipt Notice.
- TPS beneficiaries, TPS pending applicants, H-4 dependent spouses, E dependent spouses, and L-2 dependent spouses must also meet additional case-specific requirements to be eligible for the automatic EAD extension
Figure 1 (Retrieved from USCIS)
| The eligibility category you listed on your Form I-765 renewal application | Description |
| (a)(3) | Refugee |
| (a)(5) | Asylee |
| (a)(7) | N-8 or N-9 |
| (a)(8) | Citizen of Micronesia, Marshall Islands, or Palau |
| (a)(10) | Withholding of Deportation or Removal Granted |
| (a)(12) | Temporary Protected Status (TPS) Granted |
| (a)(17) | Spouse of principal E nonimmigrant with an unexpired I-94 showing E (including E-1S, E-2S and E-3S) nonimmigrant status* |
| (a)(18) | Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 (including L-2S) nonimmigrant status* |
| (c)(8) | Asylum Application Pending |
| (c)(9) | Pending Adjustment of Status under Section 245 of the Act |
| (c)(10) | Suspension of Deportation Applicants (filed before April 1, 1997) Cancellation of Removal Applicants Special Rule Cancellation of Removal Applicants Under NACARA |
| (c)(16) | Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972) |
| (c)(19) | Pending initial application for TPS where USCIS determines applicant is prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit”. |
| (c)(20) | Section 210 Legalization (pending I-700) |
| (c)(22) | Section 245A Legalization (pending I-687) |
| (c)(24) | LIFE Legalization |
| (c)(26) | Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status |
| (c)(31) | VAWA Self-Petitioners |
Applicants with Pending Applications for Employment Authorization
EAD Renewal Applicants who have already filed their Application for Employment Authorization and are waiting on their pending renewal may qualify for an automatic extension if the application was filed during the following dates:
- Before May 4, 2022 AND the initial 180-day automatic extension has since expired,
- Before May 4, 2022, AND the initial 180-day automatic extension has not expired,
- Between May 4, 2022 and Oct. 26, 2023
Despite the extension, if USCIS rejects an individual’s Application for Employment Authorization after it’s been filed, the applicant’s automatic extension period, whether 180 or 540 days, may be terminated ahead of the maximum. Termination will occur either upon notice or upon USCIS’s issue of denial.
Employers Must Also Take Action
The United States mandates all U.S. Employers to verify the identity and employment authorization of all the people they hire to work in the United States, regardless of the person’s citizenship status.
Employers must complete an Application for Employment Eligibility Verification for each U.S. hiree. Employees are also required to complete this form and attest to their employment authorization and identity with satisfactory evidence using acceptable documents as proof.
For guidance on completing the application, explanations of automatic extensions and examples of employment authorization proof for hiring, rehiring, and reverification, visit I-9 Central.
To ensure the greatest chance of success with your immigration case, consult with our experienced immigration attorney today. With over 22 years of experience, we will work with you to find the best available option to legally achieve your immigration goals. Call now at +1 (714) 432-1333