US Customs and Immigration Services has updated the list of categories of immigrants for whom they will automatically extend their Employment Authorization Document (EAD). To qualify for the automatic extension, the applicant must:
Have filed for renewal of their EAD (Form I-765) prior to the expiration of their current EAD, and
Have a category of immigration status that is eligible for renewal and automatic 180-day extension (see the list of categories below). The category on the applicant’s current EAD and their Form I-797C Notice of Action must match. (If the applicant is a TPS beneficiary or pending applicant, the EAD and I-797C must contain either the A12 or C19 category, but the categories do not need to match each other. In addition, for H-4, E, and L-2 dependent spouses, an unexpired Form I-94 indicating H-4, E, or L-2 nonimmigrant status must accompany Form I-797C).
The following categories of status are eligible for automatic extension:
(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 nonimmigrant status1
(a)(18) - Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 nonimmigrant status2
(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
For more information on the automatic extension process, please visit the USCIS website here.
