Under what circumstances may an employee continue working, pursuant to the 180 day automatic extension, if their EAD has expired?

Regarding the automatic 180 day extension on timely filed EAD renewal applications, assuming that the employee’s application meets the requirements described below, they should be able to continue working after the expiration of their current EAD. Pursuant to a “Fact Sheet” distributed by DHS, and USCIC on January 30, 2017, entitled, “Automatic Extensions of EADs Provided by the “Retention of EB-1, EB2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” Final Rule:”

  1. “The employee must have timely filed an application to renew their EAD, meaning that the application was received by USCIS before the EAD expired (except certain employees granted Temporary Protected Status (TPS) who must follow the applicable TPS Federal Register notice), and the application remains pending;
  2. The eligibility category on the face of the EAD is the same eligibility category code on the Form I-797C, Notice of Action, that the employee received from USCIS indicating USCIS’s receipt of the EAD renewal application (except employees with TPS who may have either A12 or C19 as the category code); and
  3. The renewal application was filed on the basis of a qualifying eligibility category code. As of the date of publication, eligibility category codes for a 180-day automatic extension are A03, A05, A07, A08, A10, C08, C09, C10, C16, C20, C22, C24, C31, and A12 or C19. Note: Some category codes on the EAD may include the letter ‘P’ such as C09P. Employers should disregard the letter ‘P’ when comparing the category code on the EAD with the category code on the receipt notice.”

As always, you should contact an experienced immigration attorney to discuss these matters in greater detail. To schedule a consultation regarding your immigration matter call 571-766-6860, or e-mail us at info.khannalaw.com.