For years, many applicants renewing their Employment Authorization Document (EAD) could continue working for up to 540 days under an automatic extension while their renewal was processed. A major policy shift means this safety net is disappearing, making timely filing more critical than ever to avoid a lapse in work authorization .
Why the Policy is Changing
The Department of Homeland Security (DHS) is ending this policy to strengthen identity and background vetting processes. The automatic extension allowed individuals to work for long periods based on a pending application rather than an approved one. This change aims to ensure that work authorization is only granted after a completed review.
Who is Affected?
This change impacts anyone filing Form I-765, Application for Employment Authorization, who was previously eligible for an automatic extension. This includes applicants in categories such as:
- Asylum seekers
- Applicants for Adjustment of Status (green card)
- L-2 and E-1/E-2 dependent spouses
- Certain other nonimmigrant categories
Action Plan: How to Protect Your Work Status
- File Early: USCIS allows you to file a renewal up to 180 days (6 months) before your current EAD expires. Do not wait. Mark your calendar and start preparing your application at the 200-day mark to avoid last-minute issues.
- Ensure a “Clean” Filing: A rejected application due to errors, incorrect fees, or missing signatures will create a work gap. Double-check every part of your Form I-765 and supporting documents. Consider having an immigration professional review your packet.
- Monitor Processing Times: Check the USCIS website for current processing times for your application category. If your case is delayed and you filed on time, you may inquire once it is outside the normal processing time.
- Plan for the Worst: Budget for the possibility of a gap in employment. Discuss the situation with your employer proactively, as they may be able to offer a temporary unpaid leave.
The end of automatic extensions places the responsibility of maintaining work status squarely on the applicant. By filing as early as possible and ensuring your application is perfect, you can navigate this new landscape and minimize the risk of losing your job.
