USCIS previously extended the validity of EADs where individuals had applied for renewals for certain EAD categories from 180 to 540 days between May 2022 and October 2023. USCIS is again implementing longer validity periods for existing EADs where a renewal has been filed.
Individuals are eligible for an automatic 540 day extension of work authorization when filing for an EAD in the following categories:
| The eligibility category you listed on 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) | 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. Please note E dependents do not require separate EADs for work authorization. |
| (a)(18) | Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 (including L-2S) nonimmigrant status. Please note L dependents do not require separate EADs for work authorization. |
| (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 |
Who is eligible for the 540 day extension and how to demonstrate extended work authorization.
If you filed a Form I-765 renewal application on or after May 4, 2022, and before Oct. 27, 2023, and you are in one of the eligible categories above, you should have received a Form I-797C, Notice of Action receipt notice that has information regarding the up to 540-day automatic extension.
If you file a Form I-765 renewal application on or after April 8, 2024, and you are in one of the eligible categories above, USCIS will issue a Form I-797C, Notice of Action receipt notice with an explanation of the up to 540-day automatic extension period.
If you filed a Form I-765 renewal application on or after Oct. 27, 2023, and before April 8, 2024, and you are in one of the eligible categories above, even a Form I-797C notice that refers to a 180-day automatic extension still meets the regulatory requirements of the April 2024 temporary final rule. Therefore, you may present Form I-797C with your facially expired EAD to an employer to demonstrate that you are eligible for the up to 540-day automatic extension. Instead of issuing updated Form I-797C notices, USCIS will update the webpage that is referenced in the Form I-797C notice to reflect the change in the automatic extension period.
