• The DHS may provide employment extensions for conditional permanent residents, for individuals covered by DED, for employees with certain EAD category codes, and more.

Under certain conditions, the Department of Homeland Security (DHS) may provide employment authorization extensions.

Conditional permanent resident

A conditional permanent resident receives a Form I-551, Permanent Resident Card (also known as Green Card) that is valid for 2 years. When filing Form I-751, Petition to Remove Conditions on Residence, DHS may extend the validity of the Green Card.

Deferred Enforced Departure

DHS may extend Employment Authorization Documents provided to individuals covered by Deferred Enforced Departure (DED).

Employment Authorization Document (EAD) renewal

DHS will automatically extend Employment Authorization Documents (EADs) (Form I-766) for employees with certain EAD category codes who timely file to renew their EAD. An automatic extension also may apply if the United States Citizenship and Immigration Services (USCIS) cannot issue a new EAD before the expiration date of a previous EAD, which sometimes occurs for individuals with Temporary Protected Status (TPS).

F-1 OPT (Optional Practical Training) to H-1B Cap-Gap

A cap-gap is the period between the end of a nonimmigrant student’s F-1 status and the beginning of their H-1B status. An F-1 student in Optional Practical Training (OPT) whose employer timely files an H-1B petition for the student may be eligible to continue working beyond the expiration of their OPT Employment Authorization Document.

F-1 STEM OPT (Optional Practical Training)

F-1 students who timely file a science, technology, engineering, and mathematics (STEM) Optional Practical Training (OPT) extension application will receive an automatic extension if their OPT period expires while their application is pending.

H-1B Specialty Occupations

Employees in the H-1B program may have their status and employment authorization extended if their employer timely files a Form I-129, Petition for a Nonimmigrant Worker, to extend their employment, or if a new employer petitions to become their employer.

H-2A Temporary Agricultural Worker Program

Employees in the H-2A program may have their status and employment authorization extended if their employer timely files a Form I-129, Petition for a Nonimmigrant Worker, to extend their employment, or if a new employer petitions to become their employer.

Other nonimmigrant categories

Employers who timely file Form I-129, Petition for a Nonimmigrant Worker, or Form I-129CW, Petition for a Commonwealth of the Northern Mariana Islands (CNMI)-Only Nonimmigrant Transitional Worker, for CW-nonimmigrants may extend the status employment authorization of their employees.

Temporary Protected Status (TPS)

When DHS extends a Temporary Protected Status (TPS) designation, it may also extend the corresponding Employment Authorization Document.

Automatic extension link

Time periods for automatic extensions are periodically updated by the USCIS. The Lists of Acceptable Documents page on the Form I-9 includes a link to a web page with additional information about automatic extensions of employment authorization documentation.