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Categories Eligible For Auto Extension Of EAD


DHS has identified 15 employment authorization categories where renewal applicants would be able to receive automatic extensions under the proposed rule which goes into effect Jan 17:
  • Aliens admitted as refugees. 8 CFR §274a.12(a)(3).
  • Aliens granted asylum. 8 CFR §274a.12(a)(5).
  • Aliens admitted as parents or dependent children of aliens granted permanent residence under INA §101(a)(27)(I). 8 CFR §274a.12(a)(7).
  • Aliens admitted to the United States as citizens of the Federated States of Micronesia or the Marshall Islands pursuant to agreements between the United States and the former trust territories. 8 CFR §274a.12(a)(8).
  • Aliens granted withholding of deportation or removal. 8 CFR §274a.12(a)(10).
  • Aliens granted TPS (regardless of the employment authorization category on their current EAD). 8 CFR §§274a.12(a)(12) and (c)(19).
  •  Aliens who have properly filed applications for TPS and who have been deemed prima facie eligible for TPS under 8 CFR §244.10(a) and have received an EAD as a “temporary treatment benefit” under 8 CFR §§244.10(e) and 274a.12(c)(19).
  • Aliens who have properly filed applications for asylum or withholding of deportation or removal. 8 CFR §274a.12(c)(8).
  • Aliens who have filed applications for adjustment of status under INA §245. 8 CFR §274a.12(c)(9).
  • Aliens who have filed applications for suspension of deportation under INA §244 (as it existed prior to April 1, 1997), cancellation of removal pursuant to INA §240A, or special rule cancellation under IIRIRA §309(f)(1). 8 CFR §274a.12(c)(10).
  • Aliens who have filed applications for creation of record of lawful admission for permanent residence. 8 CFR §274a.12(c)(16).
  • Aliens who have properly filed legalization applications pursuant to INA §210. 8 CFR §274a.12(c)(20).
  • Aliens who have properly filed legalization applications pursuant to INA §245A. 8 CFR §274a.12(c)(22).
  • Aliens who have filed applications for adjustment pursuant to LIFE Act §1104. 8 CFR §274a.12(c)(24).
  • Aliens who are the principal beneficiaries or qualified children of approved VAWA self-petitioners, under the employment authorization category “(c)(31)” in the form instructions to the Application for Employment Authorization (Form I-765).

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