03 Jul, 2023

Automatic 540-Day Work Permit Extension Expires October 26, 2023

After October 26, 2023, the automatic 540 day extension period that benefits certain persons applying for a renewal of employment authorization will end. Instead, the automatic extension period will revert to a lesser 180 days.

If you file for a renewal of your employment authorization card by the October 26, 2023 cut off date, you should still benefit from the automatic 540 day extension so long as you (1) file for a renewal prior to the expiration date of your current employment authorization card, (2) are still eligible for employment authorization, (3) are applying for a renewal in the same category in which you currently have employment authorization, and (4) are applying in one of the categories designated for an automatic extension.

The categories designated for an automatic exension are:
(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

This USCIS webpage has additional information:https://www.uscis.gov/eadautoextend

For a tool that your employer may use to calculate your eligibility for employment: https://www.uscis.gov/i-9-central/form-i-9-resources/employment-authorization-document-ead-automatic-extension-calculator

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