On Oct. 26, 2023, the temporary increase—up to 540 days—to the automatic extension period for employment authorization and employment authorization documents (EADs) for certain EAD renewal applicants will expire.

The increase, announced in a temporary final rule, took effect May 4, 2022, and applies to eligible EAD categories designated for the automatic 180-day extension.

The temporary rule was intended to help avoid gaps in employment authorization for EAD renewal applicants due to the lengthy processing times that well exceeded 180 days.

A Form I-765 renewal application requesting an EAD extension in one of the eligible categories that is filed on or before Oct. 26, 2023, as indicated by a “Received Date” on Form I-797C, Notice of Action on or before Oct. 26, 2026, will qualify for an automatic extension of employment authorization of up to 540 days. A Form I-765 renewal application filed after Oct. 26 will be eligible for an automatic extension of up to 180 days.

Tags: EAD, employment authorization document, extension, Form I-765, USCIS
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Photo of Miriam C. Thompson Miriam C. Thompson

Miriam advises employers across all industries on business immigration and compliance. She has experience with managing the full range of U.S. employment-based immigration filings, including intracompany transferee programs, specialty occupations, traders and investors, labor certifications, trainees, extraordinary ability petitions, religious workers, and national…

Miriam advises employers across all industries on business immigration and compliance. She has experience with managing the full range of U.S. employment-based immigration filings, including intracompany transferee programs, specialty occupations, traders and investors, labor certifications, trainees, extraordinary ability petitions, religious workers, and national interest waivers. Miriam’s representative matters within her practice area include providing legal and policy guidance to large multinational companies, as well as individual clients, startup companies, and small and mid-size domestic corporations, with a focus on delivering effective strategies in the realm of worksite immigration compliance and U.S. immigration programs.

Miriam also counsels employers in connection with internal and external audits to ensure regulatory compliance with I-9 employment verification, E-Verify, and U.S. Department of Labor requirements. Her representative work includes developing enterprise-wide immigration policies for large employers and advising on immigration-related concerns of companies undergoing corporate restructuring, mergers and acquisitions, and reductions in workforce. She also supports multinational employers with complex global workforce needs and works with professionals from the firm’s labor and employment and tax and benefits groups to provide strategic planning on cross-border employee mobility.

Miriam lived, studied, and worked in Germany, Switzerland, and France. Her native language is German and she is conversational in French.

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