The U.S. Citizenship and Immigration Services (USCIS) has ended its temporary 540-day automatic extension period for filing certain employment authorization documents (EAD). As of October 27, 2023, automatic extensions of employment authorization and EAD validity reverted to the original 180-day period for those eligible applicants who file Form I-765 renewal applications timely.
For context, the automatic extension period is provided to certain renewal applicants to help prevent gaps in employment authorization and documentation. To present acceptable proof of the automatic extension of employment authorization and/or EAD validity, an employee can show their Form I-797C receipt notice that refers to the 180-day extension, along with their qualifying EAD. An individual’s automatic extension period may terminate before the maximum period either automatically when USCIS issues a denial of the applicant’s Form I-765 renewal application or upon notice.
Notably, this change is not retroactive; all previously granted 540-day automatic extensions will remain in place. For individuals who received an increased automatic extension under this rule, the automatic extension generally will end when they receive a final decision on their renewal application or the end of the 540-day period, whichever comes earlier.
Next Steps
For guidance on completing Form I-9 including covering automatic extensions and proof of employment authorization for hiring, rehiring, and verification, as well as all other Form I-9-related guidance, visit I-9 Central.
