The Temporary 540-Day EAD Extension Rule

The Temporary 540-Day EAD Extension RuleAfter October 26, 2023, USCIS has indicated that it will revert to 180-day automatic extensions.

An Employment Authorization Document (EAD) is a work permit issued to individuals in many different immigration categories. If you receive an EAD, it may be used to prove to an employer that you are legally authorized to work in the United States. If you are eligible for an EAD, you may submit an application on Form I-765, with photos and fees, if required.

As long as you remain eligible for an EAD, you may apply to renew the EAD before it expires. United States Citizenship and Immigration Services (USCIS) has previously granted an automatic 180-day extension to work authorization while an EAD renewal application is pending for certain applicants.

You may be eligible for an automatic extension of work authorization if:

1)  You timely filed your Form I-765 before the date that your current EAD has expired or within the applicable filing period for TPS applicants.

2)  You are applying to renew your EAD in the same category as your previous EAD. (There is an exception for Temporary Protected Status (TPS) beneficiaries or pending applicants: their EAD and renewal application must contain either the A12 or C19 category, but the categories do not have to match each other.)

3)   Your eligibility for employment authorization is NOT dependent on the adjudication of another benefit.

Now, due to historically long processing times, USCIS has temporarily increased the automatic extension period for up to 540 days, while an EAD renewal application is pending. The change was formalized through a Temporary Final Rule, which will remain in place through October 26, 2023. After October 26, 2023, USCIS has indicated that it will revert to 180-day automatic extensions.

To receive the automatic extension of up to 540 days, you must timely file an EAD renewal application in an eligible category (see below) by October 27, 2023.

As proof of your employment authorization, you will present your expired or expiring EAD and the Form I-797C receipt notice that USCIS sent you after you filed your EAD renewal application. Your employer is required to verify or reverify your employment authorization and record the details of the documents that you present on Form I-9. If you or your employer are confused about when your work authorization extension will now expire, you’re not alone! USCIS has created an online tool to assist you and your employer in calculating your work authorization extension date: https://www.uscis.gov/i-9-central/form-i-9-resources/employment-authorization-document-ead-automatic-extension-calculator.

Am I eligible for the additional extension to work authorization?

  • Timely filed your EAD renewal application before May 4, 2022, and your previous 180 day auto-extension has expired.
    • Then, you receive an additional 360 days of work authorization.
  • Timely filed your EAD renewal application before May 4, 2022, and the original 180-day extension has not yet expired.
    • Then, you receive the remainder of the 180- day extension, plus an additional 360 days of work authorization.
  • Have timely filed or will timely file your EAD renewal application between May 4, 2022, and October 26, 2023.
    • Then, you receive a 180-day extension, plus 360 days extension, for a total of 540 days of extended work authorization.

Finally, if your EAD renewal application is denied, then the automatic extension of work authorization may end before the 540-day period. your work authorization, please discuss the specifics of your situation with an attorney.

The EAD categories eligible for the 540-day automatic extension to work authorization (as indicated on Form I-765 under “Class Requested” at the time of the EAD renewal application) are:

(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 nonimmigrant status

(a)(18)  Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 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


If you have questions about your eligibility for an extension of your work authorization, please discuss the specifics of your situation with an attorney or find an immigration attorney via https://www.ailalawyer.org.

New U.S. Lawful Permanent Resident Card

• On January 30, 2023, U.S. Citizenship and Immigration Services (USCIS) began producing the redesigned U.S. Permanent Resident Card.
• The redesigned card will be issued concurrently with existing card stock until it is depleted.
• All previously issued cards remain valid until their printed expiration dates.

U.S. Permanent Resident Card.

If you have a question on boarding a traveler, it should be directed to the appropriate Regional Carrier Liaison Group (RCLG), Immigration Advisory Program (IAP) Officer or Joint Security Program (JSP) Officer.

***This post is taken from AILA Doc. No. 23032408. (Posted 3/24/23)***

Practice Alert: USCIS Decoupling Adjudication of EADs and Advance Paroles to Expedite EAD Issuance

Practice Alert: USCIS Decoupling Adjudication of EADs and Advance Paroles to Expedite EAD IssuancePractice Alert: USCIS Decoupling Adjudication of EADs and Advance Paroles to Expedite EAD Issuance

AILA has been made aware that USCIS is prioritizing working through an EAD backlog to avoid applicants experiencing a lapse or prolonged lapse in employment. This follows reports from AILA members receiving EAD cards that do not include AP travel authorization.
AILA Doc. No. 22022403

Proposed “Extreme Vetting” Topics

AILA recently posted the following information about DOS’s proposed supplemental questions for visa applications from certain nations:


The proposed questions includes (quoting from AILA below):

“[T]he new ‘extreme vetting’ questions for certain non-immigrants applying for visas through the consulates. State is requesting emergency review and approval from OMB by May 18, which would be valid for 180 days. Comments on the emergency request are due May 18th. Some key language from the notice is below:

The Department proposes requesting the following information, if not already included in an application, from a subset of visa applicants worldwide, in order to more rigorously evaluate applicants for terrorism or other national security-related visa ineligibilities:

  • Travel history during the last fifteen years, including source of funding for travel;
  • Address history during the last fifteen years;
  • Employment history during the last fifteen years;
  • All passport numbers and country of issuance held by the applicant;
  • Names and dates of birth for all siblings;
  • Name and dates of birth for all children;
  • Names and dates of birth for all current and former spouses, or civil or domestic partners;
  • Social media platforms and identifiers, also known as handles, used during the last five years; and
  • Phone numbers and email addresses used during the last five years.


Most of this information is already collected on visa applications but for a shorter time period, e.g. five years rather than fifteen years. Requests for names and dates of birth of siblings and, for some applicants, children are new. The request for social media identifiers and associated platforms is new for the Department of State, although it is already collected on a voluntary basis by the Department of Homeland Security (DHS) for certain individuals. Regarding travel history, applicants may be requested to provide details of their international or domestic (within their country of nationality) travel, if it appears to the consular officer that the applicant has been in an area while the area was under the operational control of a terrorist organization as defined in section 212(a)(3)(B)(vi) of the Immigration and Nationality Act, 8 U.S.C. 1182(a)(3)(B)(vi).

Applicants may be asked to recount or explain the details of their travel, and when possible, provide supporting documentation.” Quote from AILA.org, May 4, 2017.

AILA New England Conference

As a member of the American Immigration Lawyers Association (AILA), I benefit from a wonderful, smart community of immigration lawyers in the New England Area. Each month our AILA chapter has a meeting on a timely topic, and each year, the chapter hosts an amazing conference. I am excited to attend this year’s conference on March 3. At the conference, I look forward to hearing from government officials about new policies and practices under the new administration.

The conference agenda is available at http://www.ailane.org/assets/cms/files/2016-2017/2017%20Conference/14th%20Annual%20AILA%20NE%20Conference%20Agenda%20(2016.12.15).pdf

AILA National Conference in Washington, D.C.

I will be co-presenting at the American Immigration Lawyers Association’s (AILA) National Conference in Washington, D.C.

The presentation will be on marijuana and immigration law, with a specific focus on how state legalization of various marijuana related activities may affect non-US citizens.

Here is more information about the presenters and AILA conference:

AILA 2015 Washington, DC Conference

Petition on AILA- Help Mother and Her Daughter

Please take a moment to check the sign-on petition on AILA website and tell ICE you support the release of Melida and her four-year-old daughter Estrella from family detention in Karnes City, Texas.

The American Immigration Lawyers Association (AILA) and her counsel will deliver the petition to ICE and DHS.

Contact Karen Lucas, klucas@aila.org, or Greg Chen, gchen@aila.org, with questions.

Attorney Ellen Sullivan Joined AILA’s Pro Bono Program

I recently joined American Immigration Lawyers Association’s (AILA) volunteer program to assist military members and their families on immigration matters. AILA generously devotes time and professional skills to public service. I am looking forward to actively support this program.
For further information on voluteer programs visit AILA Pro Bono