EAD extension delays are now a common occurrence, but many qualify for an automatic extension. The extension begins on the EAD expiration date and continues for up to 180 days unless the renewal is denied.
To qualify, you must fulfill the following requirements:
- Have a pending and timely filed application to renew your EAD before it expires (except for certain employees granted Temporary Protected Status);
- Have the same eligibility category on the EAD and the Form I-797C Notice of Action, which is the form indicating USCIS’s receipt of their timely filed renewal application (except employees with TPS who may have a C19/A12 combination);
- The eligibility category listed is eligible for automatic extensions. You can view the list of categories that are currently eligible on USCIS here.
If you fulfill these requirements and your documents confirm this, then a combination of the expired EAD and Form I-797C Notice of Action can be considered an unexpired Employment Authorization Document (Form I-766) under List A.
You can read more about how to verify this information, automatic extensions for TPS beneficiaries, and how to complete the Form I-9 in the USCIS handbook here.