Automatic EAD Extension in Wisconsin | What To Know

Effective May 4, 2022, Department of Homeland Security regulations provide an additional 360 days for the automatic employment authorization document (EAD) extension time, for a total of 540 days. This extension is for certain renewal applicants who have filed Form I-765, Application for Employment Authorization, while their application is still pending. You will qualify if you meet the eligibility requirements and file within the following timelines: Before May 4, 2022, and your 180-day automatic extension has since expired; before May 4, 2022, and your 180-day automatic extension has not yet expired; or between May 4, 2022, and Oct. 26, 2023, inclusive of these dates. If you would like more information on the automatic EAD extension process in Wisconsin, please read on, then contact an experienced work authorization permit lawyer in Milwaukee, WI today.

What categories qualify for the automatic EAD extension in Wisconsin?

You qualify for this extension if you properly filed Form I-765 for a renewal of your employment authorization and/or EAD before your current EAD expired and are otherwise eligible for renewal. This means your renewal application is under an eligible category and the Category on your current EAD matches the “Class Requested” listed on your Form I-797C Notice of Action, Receipt Notice. With that in mind, the eligible categories are as follows:

  • (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
  • (a)(17) – Spouse of principal E nonimmigrant with an unexpired I-94 showing E (including E-1S, E-2S and E-3S) nonimmigrant status
  • (a)(18) – Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 (including L-2S) nonimmigrant status
  • (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 and 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 the 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)(26) – Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status
  • (c)(31) – VAWA Self-Petitioners

If you have any questions or would some legal support with this matter, please do not hesitate to reach out to a skilled family immigration lawyer in Milwaukee, WI today.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why if you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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