Most immigration categories that enable you to work are eligible for an automatic extension of your right to work while an EAD renewal is pending. The most notable categories that do not provide automatic extension of work authorization are H-4, L-2, and E-2d. Here is a list of the more common categories and the length of time they are entitled to an extension of their right to work.

180 Day Automatic Extensions for Certain EAD holders:

• Refugees, Asylees, and TPS
• I-485 Adjustment pending
• VAWA
• OPT STEM extensions

Foreign nationals in the above employment eligibility categories who timely file Form I-765, Application for Employment Authorization, to renew their EADs in the same eligibility category receive automatic extensions of their work authorization EAD for 180 days past their current EAD expiration date. (The extension ends if USCIS denies the renewal application).

An automatic EAD extension depends on these requirements:

• Employees must have filed an application to renew their EAD before it expires (except certain employees with Temporary Protected Status—see below), and the application remains pending; and
• The eligibility category on the front of the EAD is usually the same eligibility category on the employee’s Form I-797C, Notice of Action (except employees with TPS who may have a C19/A12 combination).

New employees presenting an EAD that has been automatically extended must complete Section 1 of Form I-9 as follows:

• Select “An alien authorized to work until;” and
• Enter the date that is 180 days from the “card Expires” date on their EAD as their expiration date

Employees whose status does not expire, such as refugees or asylees, should enter N/A as the expiration date.

In Section 2, the employer must:

• Enter EAD in the Document Title field
• Enter the receipt number from Form I-797C in the Document Number field
• In the Expiration Date field, enter the date 180 days from the “Card Expires” date on the EAD. This expiration date may be cut short if USCIS denies the employee’s renewal application before the 180-day period expires.
• Enter EAD EXT in the Additional Information field

For current employees, employers must update the Additional Information field in Section 2 when the employee’s EAD has been automatically extended. Employers should enter EAD EXT and the 180-day auto-extended date in the Additional Information field in Section 2. For example, EAD EXT mm/dd/yyyy.

What about people who work based on a petition instead of an EAD?

 

Many foreign nationals are working in the U.S. based on a nonimmigrant status such as an H-1b, E-2, TN, P-1, etc. Individuals in these categories receive their work authorization based on a petition, not an EAD card. Fortunately, most petition based employment categories will receive a 240 Day Automatic Extension if the extension is filed timely (before the prior one expires). These categories include:

• E-1, E-2, E-3
• H-1b, H-1b1, H-2A, H-2b, H-3
• J-1
• L-1
• O-1, O-2
• P-1, P-1A P-2, P-3
• R-1
• TN

 

How We Can Help

Feldman Feldman & Associates has a long and dedicated track record of successfully assisting employees and employers with their immigration needs. If you are an employee or employer with an immigration issue or question, we are here to help. If you have any questions or would like our assistance with Employment Authorization Documents or any other immigration matter, please feel free to make an appointment online at https://immigrateme.com/contact-us/ or by phone at (619) 299-9600.