USCIS automatically extends certain Employment Authorization Documents (EADs, also known as work permits, or Form I-765) for up to 180 days for applications that meet the following two conditions. One, the applicant has already properly filed for a renewal EAD before their current EAD expired; and two, the EAD renewal is under a category that is eligible for an automatic 180-day extension. By doing this, USCIS can prevent gaps in employment authorization and documentations. This automatic extension applies to all EAD renewal applications that are filed after January 17, 2017.

The following categories of EADs will be eligible for an automatic extension of up to 180 days:

The eligibility category you listed on your Form I-765 renewal application Description
(a)(3) Refugee
(a)(5) Asylee
(a)(7) N-8 or N-9
(a)(8) Citizen of Micronesia, Marshall Islands, or Palau
(a)(10) Withholding of Deportation or Removal Granted
(a)(12) Temporary Protected Status (TPS) Granted
(c)(8) Asylum Application Pending
(c)(9) Pending Adjustment of Status under Section 245 of the Act
(c)(10) Suspension of Deportation Applicants (filed before April 1, 1997)
Cancellation of Removal Applicants
Special Rule Cancellation of Removal Applicants Under NACARA
(c)(16) Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972)
(c)(19) Pending initial application for TPS where USCIS determines applicant is prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit”.
(c)(20) Section 210 Legalization (pending I-700)
(c)(22) Section 245A Legalization (pending I-687)
(c)(24) LIFE Legalization
(c)(31) VAWA Self-Petitioners


To find out more about the new rules or other investor visas, contact Scott Legal, P.C.


Ian E. Scott, Esq. is the Founder of Scott Legal, P.C. He can be reached at 212-223-2964 or by email at

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