Normally, the U.S. Department of Homeland Security (DHS)
regulations provide for an automatic extension period of up to 180
days from the expiration date stated on the Employment
Authorization Document (EAD) for applicants within certain
employment-eligible categories who have a timely filed and pending
request to renew employment authorization and/or EAD. However, due
to severe backlogs with adjudication exacerbated by the COVID-19
pandemic, on May 4, 2022, DHS published a rule to temporarily increase the
automatic extension period from up to 180 days to up to 540
days.
This temporary rule applies to any qualifying renewal applicants
whose Forms I-797C, Notices of Action, have a "Received
Date" of October 26, 2023, and earlier. Those who file their
application after October 26, 2023, will receive an extension of up
to 180 days. Further, it can apply to EADs before May 4, 2022, if
they have since expired after 180 days, or not yet expired. EAD
extension
