As of May 4, 2022, the Department of Homeland Security (DHS) is increasing the automatic extension of work authorization from 180 days to 540 days for certain individuals.
Currently, certain individuals with expiring employment authorization documents (EADs) can continue working for an additional 180 days as long as they have timely submitted for a replacement EAD and have been issued a receipt notice, I-797C, in the same employment eligibility category. Because actual processing times for replacement EADs currently is up to 11.6 months, a significant number of employees are not in receipt of their replacement EADs within the 180-day period and cannot legally continue to work. This DHS rule change, effective May 4, will extend the 180-day period to 540 days from the card expiration date.
Applicants who are already eligible for 180-day extensions also qualify for the new 540-day extension beyond the expiration date of their EADs. The categories include those with pending Adjustment of Status applications, spouses of E, L, and H visa holders (with unexpired Form I-94, Arrival/Departure Records), applicants for asylum, and individuals with Temporary Protected Status who may also be eligible for certain per-country automatic extensions.
To be eligible, applicants must continue to also:
Have currently pending EAD renewal applications that were timely filed (even if the individual’s 180-day extension has already expired); or
Timely file an EAD renewal application between...
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