Can I get my employment authorization extended?

On Behalf of | Jul 11, 2022 | Visas

When you come to work in the United States, you apply for employment through an application for employment authorization. While your application is pending, you receive an employment authorization document (EAD), which allows you to remain here and work while the authorities process your application.

However, your EAD has an expiration date. You may find yourself in a situation where your expiration date is coming up and you are still waiting for your employment authorization application approval.

Requirements for an extension

You may file for an extension of your EAD if you meet certain requirements. One of the most important requirements is you must file for the extension before your current EAD expires.

Do not wait until you are close to or at your expiration date. There is no specific deadline by which you must file, but you should file as early as possible in case of delays or complications.

Additionally, only certain categories of immigrants are eligible for an extension. Some of these categories include asylee, refugee or those having temporary protected status.

How long can I extend it?

Previously, EAD extensions could be granted for up to 180 days after your expiration date. The U.S. Department of Homeland Security recently ruled that as of May 4, 2022, EAD extensions can be granted for up to 360 days.

The 360 days are added to the original extension period of 180 days, which means you may qualify for an extension of up to 540 days. The temporary increase only applies if you file your EAD extension petition before October 26, 2023, otherwise, you will receive the regular 180-day extension.

Before applying for an EAD extension, it may help to speak with an experienced immigration attorney. You can learn if you meet all the requirements and obtain accurate information on when and how to file for your extension.