SOME EMPLOYMENT AUTHORIZATION DOCUMENTS (EADs) NOW RECEIVING AUTOMATIC 180 DAY EXTENSIONS WITH PROOF
On January 30, 2017, USCIS announced that some I-765 Employment Authorization Document (EAD) applications will receive automatic extensions of the underlying EADs' validity periods for up to 180 days.
The requirements for such automatic extensions apply to applicants who: 1)Timely filed to renew an EAD (meaning the renewal application must be filed before the current EAD expires); 2) Are applying to renew an EAD in the same category as the previous EAD (note: categories A12 and C19 are considered the same category for this extension); and 3) Are in a category that is eligible for the extension. See USCIS Fact Sheet dated 01/30/2017 at:
EADs in the following categories are subject to the above-referenced auto-extension: A03; A05; A07; A08; A10; C08; C09; C10; C16; C20; C22; C24: C31; and A12 or C19. Where a category code contains the letter "P," said letter "P" will be disregarded by the employer when comparing the category code on the receipt notice and the code on the actual EAD
This development facilitates the retention of employment where an applicant's current EAD expires while his or her renewal I-765 is pending. USCIS in many of my office's cases with EAD extension applications in the above-referenced categories, has been issuing 180 day extension notices which may be taken to the employer as evidence of the extension. However, even without such extension notices, renewal applicants in the relevant categories should take their current or expired EAD, a copy of the receipt notice (Notice of Action form I-797C), and a copy of the Jan 30, 2017 fact sheet to their employer(s) as evidence of their automatic 180 day extension.
Applicants should be prepared that many employers will be dealing with their auto-extensions for the first time and may not be aware of this particular policy. Employers will also have to follow the steps outlined in the fact sheet for adherence to auto-extensions. Existing clients of my firm with such pending EADs in the relevant categories may contact me for a letter to their employer where the employer refuses to comply with the auto-extension.
These auto-extensions extend the current or expired EADs for 180 days following the "Card Expires" date on the expired or expiring EAD.