EAD Auto Extension Guide

This guide shows how to create or update an I-9 that qualifies for an automatic work authorization extension based upon timely filed EAD renewal application Form I-765.

ALERT:  On April 4, 2024, USCIS announced a temporary final rule that increases the automatic extension period for employment authorization and EADs available to certain EAD renewal applicants from up to 180 days to up to 540 days. This temporary final rule will apply to two categories of EAD applicants: (1) applicants who timely and properly filed their Form I-765 applications on or after Oct. 27, 2023, if the application is still pending on April 8, 2024; and (2) applicants who timely and properly file their Form I-765 application on or after April 8, 2024 and on or before Sept. 30, 2025 (540 days after publication of this temporary final rule in the Federal Register).

It is important to note that the way the I-9 is updated depends on certain factors:

• Whether the employee is a new hire completing a new I-9 or an existing employee needing to update their existing I-9.
• Whether the I-9 was created within Tracker I-9 Complete or whether it is a historical record imported into Tracker.
• The section in which the previous work authorization was documented for the employee.

NOTE: This guide does NOT describe Temporary Protected (TPS) Status EAD extensions. Please see the TPS Auto Extension guide for how to process these extension types.

To update the I-9 for an existing employee when the previous I-9 was created within Tracker I-9 Complete, take the following steps:

1. Click on the Additional Documents dropdown in List A.
   

2. In the selector that appears, choose "EAD Auto-Extension" and click the Continue with Selected Document(s) button. 
   

3. Ensure the EAD document information is entered correctly. The Additional Documents fields will expand, and the I-9 Manager will now be able to enter in the Form I-797C Receipt Number for the EAD renewal application and Reverification Due Date.
   

4. The I-9 Manager should enter the date the I-797C Receipt Number, which is typically 3 letters followed by 10 digits. As a reminder, EAD renewal application must be filed before the employee's EAD card expiration date in order to be considered timely filed.

   1. The Reverification Due Date will automatically calculate to 540 days from the date the EAD card expires.
   2. The Additional Information text field in Section 2 auto-populates with the text “Section 2 EAD EXT [Reverification Due Date] EAD Card Number [EAD Document #]".
      
   3. When the I-9 Manager updates Section 3, the Additional Information text field will auto-populate with the text “Section 3 EAD EXT [Reverification Due Date] EAD Card Number [EAD Document #]".
5. The I-9 Manager should click Save and sign off on the changes.
6. The employer must reverify the employee’s employment authorization in Section 3 once they receive a decision from USCIS.

NOTE: Per USCIS instructions, the List A Document Number field will contain the Form I-797 Receipt number (not the EAD Card Number).

When creating a new I-9, take the following steps:

1. After the employee completes Section 1, select the List A document type Employment Authorization Document (I-766). 
   

2. Click Continue with Selected Document(s) button.
3. Follow the set of instructions in this guide that describe updating an existing I-9 creating in Tracker I-9 starting at Step 2.

To update the I-9 when the previous I-9 was imported into Tracker, please take the following steps:

1. Navigate to Historical I-9 Section 2 or Section 3 of the employee that qualifies for the extension.
2. Replace the EAD Document # with the I-797C Receipt Number.
   

3. Update the Additional Information textbox with the text “Section 2 EAD EXT [Reverification Due Date] EAD Card Number [EAD Document #]", being sure to enter the correct Reverification Due Date (the EAD Card expiration date + 540 Days) and add the EAD Document # that you replaced in step 2. As a reminder, EAD renewal application must be filed before the employee's EAD card expiration date in order to be considered timely filed.
   

4. To update Section 3, replace the EAD Document Number with the I-797C Receipt Number in Section 3, and update the Additional Information textbox with the text “Section 3 EAD EXT [Reverification Due Date] EAD Card Number [EAD Document #]".
5. The I-9 Manager should click Save and sign off on the changes.
6. Navigate to the Summary tab and update the Reverification Status module. Be sure to enter a Reverification Due Date that is 540 days after the EAD expiration date.
   

7. The employer must reverify the employee’s employment authorization in Section 3 once they receive a decision from USCIS.