On May 4, 2022, the US Department of Homeland Security increased the automatic
extension of employment authorization (EAD) from 180 days to 540 days.
The automatic extension applies to certain categories, including spouses of E, L, and H visa holders.
Those who hold E1, E2, E3 spouses, L2 or H4 status, TPS status or are pending an initial TPS application.
Those of you who are asylees or refugees.
Those who are filing a self-petition under the violence against women act or have also applied for
an adjustment of status under section 245 of the Immigration and Nationality Act and certain
other categories published on the US citizenship and immigration services website.
According to the new policy, for those of you who had an initial EAD that has expired and
have used the automatic extension of up to 180 days starting on May 4, 2022, you will
get an additional automatic extension for up to 540 days from the day of expiration of
your EAD card.
The conditions for you to obtain this automatic extension of up to 540 days are the same as
the previous policies: you must have an EAD card that has expired or is about to expire, and
you have filed your renewal application with the US citizenship and immigration services
before the expiration date of your card, and your petition is still pending, and you have a
notice of the action.
You have to apply in the same category as the one listed on your EAD card.
Exceptions: those who have TPS or pending an initial TPS status.
For those in the H, L, and E categories, you will also need to show proof
of your valid nonimmigrant status, the I94 form.
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