Employment Authorization Document (EAD) Automatic Extension Calculator

Disclaimer: This calculator is intended to assist employers in calculating the new EAD expiration date for employees eligible for an automatic extension of their expiring employment authorization and/or Employment Authorization Document (EAD) based on 8 CFR 274a.13(d) or a temporary final rule that amends 8 CFR 274a.13(d).  The calculator does not replace an employer’s responsibility to determine the eligibility of their employees for the automatic extension. Employers determining automatic extensions for Category Codes A17, A18, and C26, should not use this calculator, but rather use the guidance in the Handbook for Employers, Section 5.1, Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization and/or Employment Authorization Document, including information under the heading “Guidance for Employers Under Category Codes A17, A18, and C26.”

Noncitizens in certain employment eligibility categories who timely file Form I-765, Application for Employment Authorization, to renew their employment authorization and/or EADs may receive an up to 180-day or up to 540-day automatic extension of their employment authorization and/or EAD validity. The renewal application must be for the same employment eligibility category code as the current EAD, except that for EADs with an A12 or C19 Category, the EAD renewal application can have either A12 or C19.

In May 2022, USCIS announced a temporary final rule (87 FR 26614) that increased the automatic extension period for employment authorization and/or EADs available to certain EAD renewal applicants from up to 180 days to up to 540 days. The automatic extension of up to 540 days applies to qualifying EAD renewal applicants whose Forms I-797C, Notices of Action, have a “Received Date” on or before Oct. 26, 2023. Beginning Oct. 27, 2023, automatic extensions of employment authorization and/or EAD validity will revert to the original up to 180-day period for those eligible applicants who timely file Form I-765 renewal applications. 

The temporary rule extends to employees in the following categories: A03, A05, A07, A08, A10, A17, A18, C08, C09, C10, C16, C20, C22, C24, C26, C31, and A12 or C19. For complete guidance on qualifying employees, visit the Handbook for Employers, Section 5.0, Automatic Extensions of Employment Authorization and/or Employment Authorization Documents (EADs) in Certain Circumstances.

To determine the length of your employee’s automatic extension, refer to the chart below.

If the I-797C “Received Date” is: Then the extension is:
Oct. 26, 2023, or earlier Up to 540 days
Oct. 27, 2023, or later Up to 180days

The extension begins on the “Card Expires” date on the front of the EAD and generally continues for up to 180 days or 540 days, as applicable. The extension ends when the noncitizen receives a final decision on their renewal application or when the 180-day or 540-day period expires, whichever comes earlier. To help employers calculate the extension period, USCIS has developed the EAD Automatic Extension Calculator.

If your employee meets the eligibility requirements for the employment authorization and/or EAD automatic extension, use the calculator below to determine their new EAD expiration date, unless their employment authorization category code is A17, A18, or C26.

Does your eligible employee's Form I-797C, Notice of Action, have a 'Received Date' on or before 10/26/2023?