February 09, 2017
USCIS Publishes New Rule: EAD Work Authorization Extension/Renewal
As of January 17, 2017, employees with expired Employment Authorization Documents (I-765s, also called EADs) may be eligible for an automatic extension of work authorization. Under the new EAD rule, an employee who files for an extension or renewal of the EAD prior to its expiration is entitled to an automatic extension of work authorization for up to 180 days beyond the expiration date of the previous EAD. The new rule does not apply to all EAD categories. The acceptable EAD categories as well as instructions on how to annotate the I-9 Form for automatic EAD extension are found in a USCIS Fact Sheet at https://www.uscis.gov/sites/default/files/USCIS/Verification/I-9%20Central/FactSheets/Fact-Sheet-AutoExtendEAD.pdf.
If relying on a properly notated Form I-797 receipt notice to extend work authorization, the employer is advised to keep a copy of the Form I-797 notice with the employee’s I-9 Form.