Immigration Update! Automatic Extension of Certain Work Permits
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What is the update?
On May 4, 2022, the United States Citizenship and Immigration Services (USCIS) announced that certain work permits which qualified for automatic extensions of work authorization for 180 days will now be valid for up to 540 days. This is intended to prevent immigrants from having gaps in their work authorization due to delays at USCIS.
Does the automatic extension apply to me?
The 540-day automatic extension of work authorization applies to individuals who:
➔ Properly filed for a new work permit before May 4, 2022, OR, will file for a new EAD between May 4, 2022 and Oct. 26, 2023
AND
➔ Are in one of these categories* on their work permit renewal application:
Refugee granted: (a)(3)
Asylee granted: (a)(5)
Asylum application pending: (c)(8)
Temporary Protected Status pending: (c)(19)
Temporary Protected Status granted: (a)(12)
Green card application pending: (c)(9)
VAWA self-petitioners granted: (c)(31)
Withholding of deportation or removal granted: (a)(10)
*Other qualifying categories include: (a)(7); (a)(8); (a)(17); (a)(18); (c)(10); (c)(16); (c)(20); (c)(22); (c)(24); (c)(26)
How do I show I have a 540-day automatic extension at work or at the Bureau of Motor Vehicles?
I applied for a work permit renewal before May 4, 2022:
USCIS will not send a new Form I-797C Notice of Action receipt notice. Your current Form I-797C Notice of Action receipt notice, which shows an automatic extension for 180 days, will show you qualify for the 540-day automatic extension. If your employer or the Bureau of Motor Vehicles have questions, you can show them the update at: https://www.uscis.gov/eadautoextend
I will be applying for a work permit renewal between May 4, 2022, and Oct. 26, 2023:
USCIS will send you a Form I-797C Notice of Action receipt notice that shows you have a 540-day automatic extension. Use the Notice of Action and other required documents to prove the automatic extension.
What happens if I applied for a work permit renewal but my work authorization ended before I received my new documents?
If you properly applied for a work permit renewal, you are eligible for the 540-day automatic extension even if your work authorization already expired while you were waiting.
What if my underlying immigration status ends before 540 days?
If your underlying immigration status expires before the end of the 540-day period, your work authorization will end when your status ends.
Where do I go for more questions?
Speak to a qualified legal services provider or visit https://www.uscis.gov/eadautoextend.
What else do I need to know?
Always be sure to talk to a qualified legal services provider for assistance with your immigration case. Beware of taking advice from people who are not attorneys or accredited representatives!
Last updated: May 10, 2022