Certain renewal applicants who filed Form I-765, Application for Employment Authorization, qualify for an automatic extension of employment authorization and/or Employment Authorization Documents (EAD) that will expire while their renewal application is pending. Beginning October 27, 2023, those who are eligible will receive 180-day extensions in accordance with current regulations, including those who have applied for or received Temporary Protected Status or asylum.

In May 2022, USCIS announced the temporary final rule (TFR) that increased the automatic extension period for employment authorization and/or EAD available to certain EAD renewal applicants from up to 180 days to up to 540 days. However, today's change is not retroactive; all previous automatic extensions of up to 540 days will remain in effect.

USCIS is in the process of determining whether an operational need exists for new regulatory action similar to the May 2022 TFR, despite past and ongoing operational improvements and efforts to expedite EAD processing more broadly.

As announced in the 2022 TFR, automatic extensions of employment authorization and EAD validity will revert to the original period of up to 180 days for eligible applicants who timely file Form I-765 renewal applications beginning on or after the 27th. October 2023.  

For individuals who received an increased automatic extension period under the TFR, the increased automatic extension period will end when they receive a final decision on their renewal application or when the period of up to 540 days (counted from the expiration date of the extension) expires. employment authorization and/or EAD), whichever comes first.  

Meanwhile, USCIS recently published an update to the Policy Manual that increases the maximum EAD validity period to five years for initial and renewal applications approved on or after September 27, 2023, for the following categories:

• Certain noncitizens who are authorized to work due to their status or circumstance, including those admitted as refugees, those granted temporary parole, and recipients of withholding of removal; and  
• Certain noncitizens who must apply for employment authorization, including applicants for asylum and withholding of removal, adjustment of status, and withholding of deportation or cancellation of removal.  

USCIS is making every effort to help prevent gaps in work permits and/or employment authorization for non-citizens with pending EAD renewal applications, and to help reduce EAD processing times, including by dedicating additional staff and implementing Processing improvements to reduce the average processing time for certain EAD requests to 30 days.

USCIS remains committed to reducing EAD processing times and preventing improper expiration of timely renewed EADs. For additional information, visit our page Automatic Extension of the Employment Authorization Document.