Automatic work permit extension for immigrants: who benefits and for how long?
United States Citizenship and Immigration Services announced a new automatic extension for work permits. Find out who benefits and for how long it applies.
The United States Citizenship and Immigration Services (USCIS) announced that the automatic extension of the employment authorization document (EAD) for immigrants is returning to the original time period alloted.
In May 2022, USCIS announced that the automatic extension period for work permit authorization and renewal would increase to 540 days.
However, beginning October 27, 2023, automatic extensions of employment authorization and EAD validity will revert to the original period of up to 180 days for eligible applicants who in a timely manner submit Form I-765 which is the application for work permit renewals.
USCIS clarified that this change is not retroactive, so all previous automatic extensions of up to 540 days will remain in effect.
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Automatic extension of work permits for immigrants: who benefits?
Certain renewal applicants who have filed Form I-765, Application for Employment Authorization, qualify for an automatic extension of their employment authorization if it expires while their application is pending. Those who correctly file Form I-765 qualify to renew their employment authorization before their current document expires.
If that is not the case, these are eligible for renewal:
- Whose renewal request is in a category that is eligible for an automatic extension.
- The category on your current work permit matches the “Requested Class” listed on your Form I-797C Notice of Action, Notice of Receipt.
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Categories eligible for automatic extensions
The following categories are eligible for an automatic extension, according to the United States Citizenship and Immigration Services (USCIS):
| Eligibility category you indicated in 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) | Granting of Postponement of Deportation or Removal |
| (a)(12) | Granting of Temporary Protected Status |
| (a)(17) | Spouse of an E nonimmigrant principal with an unexpired I-94 showing E-1 nonimmigrant status (which includes E-1S, E-2S, and E -3S) * |
| (a)(18) | Spouse of a primary L-1 nonimmigrant with an unexpired I-94 showing L-2 nonimmigrant status (which includes L-2S) * |
| (c)(8) | Asylum Application in Process |
| (c)(9) | Adjustment of Status under Section 245 of the Pending Law |
| (c)(10) | Suspension of Removal Petitions (filed before April 1, 1997) Cancellation of Removal Petitioners Removal Petitioners Cancellation Under NACARA |
| (c)(16) | Registration Creation (Adjustment Based on Continuous Residence since January 1, 1972) |
| (c)(19) | Pending initial application for temporary protected status (TPS) or application to extend TPS and USCIS determines that the applicant is prima facie eligible for TPS and can receive an EAD as a "temporary benefit" |
| (c)(20) | Legalization under Section 210 (I-700 in process) |
| (c)(22) | Legalization under Section 245A (I-687 pending) |
| (c)(24) | Legalization under LIFE |
| (c)(26) | Spouses of certain H-1B nonimmigrant principals with an unexpired I-94 showing H-4 nonimmigrant status. |
| (c)(31) | VAWA Self-Petitioners |
What is the validity of the work permit or Employment Authorization Document (EAD)?
In September, USCIS announced that it was updating guidance in the Policy Manual to increase the maximum validity period to 5 years for initial and renewal EADs for certain noncitizens who are authorized to work due to their status or circumstance, including those admitted as refugees, paroled as refugees, and granted asylum, as well as beneficiaries of a stay of removal.
It also noted that they were increasing the maximum validity period to 5 years for initial and renewal EADs for certain non-citizens who must apply for employment authorization, including asylum seekers or withholding of removal, adjustment of status under INA 245, and withholding of deportation or cancellation of removal. .