Page 17 - Handbook for Employers - Guidance for Completing Form I-9

Future Expiration Dates receive automatic extensions of their expiring EAD for
up to 180 days. The extension begins on the date the
Future expiration dates may appear on the employment EAD expires and continues for up to 180 days unless
authorization documents of individuals, including, among the renewal application is denied. An automatic EAD
others, lawful permanent residents, asylees and refugees. extension depends on these requirements:
USCIS includes expiration dates on some documents
issued to individuals with permanent employment 1. The employee must have timely filed an application
authorization. The existence of a future expiration date: to renew their EAD before it expires (except certain
employees granted Temporary Protected Status
1. Does not preclude continuous employment (TPS)), and the application remains pending;
authorization;
2. Does not mean that subsequent employment 2. The eligibility category on the face of the EAD is
authorization will not be granted; and the same eligibility category code on the Form
3. Should not be considered in determining whether the I-797C,Notice of Action, the employee received from
individual is qualified for a particular position. USCIS indicating USCIS’s receipt of their renewal
application (except employees with TPS who may
Considering a future employment authorization have a C19/A12 combination); and
expiration date in determining whether an individual is 3. The eligibility category is listed on uscis.gov as
qualified for a particular job may constitute employment eligible for EAD automatic extensions. As of the
discrimination. For more information on unlawful date of publication of this M-274, Handbook for
discrimination, see Part Four. However, as described below, Employers, eligibility categories codes for a 180-day
you may need to reverify the employee’s authorization to automatic extension are A03, A05, A07, A08, A10,
work when certain List A or List C documents expire. For C08, C09, C10, C16, C20, C22, C24, C31 and A12 or
example, the Employment Authorization Document (Form C19.
I-766) must be reverified on or before the expiration date.
The employee’s expired EAD in combination with the
Automatic Extensions of Employment Form I-797C Notice of Action showing that the EAD
Authorization Documents (EAD) in Certain renewal application was timely filed and showing
the same qualifying eligibility category as that on the
Circumstances expired EAD is an acceptable document for Form I-9.
This document combination is considered an unexpired
Automatic Extensions Based on Timely Employment Authorization Employment Authorization Document (Form I-766)
Document (Form I-766) Renewal Application under List A.

Foreign nationals in certain employment eligibility To find the eligibility category code on your employee’s
categories who file an EAD renewal application may employment authorization document, see Figure 7 below:

Figure 7: Auto-Extended Employment Authorization Documents

Finding the Category Notation and Expiration Date on an EAD

The category notation appears on the face of the
Employment Authorization Document (Form
I-766) under “Category.”

The expiration date appears on the face of the
Employment Authorization Document (I-766) to
the right of “Card Expires.”

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