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Temporary Increasing of EAD automatic extension for 540 days

March 21, 2023

There is a system in place where the validity period of the Work Permit (Employment Authorization Document) is automatically extended for a certain period depending on the category.
This change applies to all applications and petitions that require a medical examination, including Form I-693, Report of Medical Examination and Vaccination Record. However, USCIS still recommends that applicants wait to complete their medical examination until they are confident that they will file their application or petition within a reasonable amount of time.
Previously, automatic extension was possible for up to a maximum of 180 days, but since May 2022, it has been extended for up to a maximum of 540 days by adding an additional 360 days.
In addition, the 540-day automatic extension system will be adjusted according to the following schedule as a temporary measure. Based on the time of receiving the I-765, the application form for EAD renewal:
  1. The nature and extent of the hardship that the qualifying relative would suffer if the non-citizen were removed from the United States.
  2. The non-citizen’s length of residence in the United States, as well as his or her ties to the community, including family, employment, and other relationships.
  3. The non-citizen’s own health and medical conditions, as well as those of his or her qualifying relative
  4. The financial impact of the non-citizen’s removal on the qualifying relative and his or her ability to earn a livelihood.
  5. The conditions in the country to which the non-citizen would be removed, including economic, social, and political factors.
They will receive the benefits of the 540-day automatic extension system. From October 2023, it will be reduced again to 180-day automatic extension.
Please refer to the table below for the EAD categories that are applicable to this automatic extension.
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*
(a)(18) Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 (including L-2S) nonimmigrant status*
(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

(Source: www.uscis.gov)