Understanding the H4 EAD Automatic Extension

An employment authorization document (EAD) allows foreign nationals to legally work and earn a living in the U.S. Without it, securing lawful employment in the U.S. would be difficult unless you’re a U.S. citizen or lawful permanent resident with a green card.

EADs are issued by the United States Citizenship and Immigration Services (USCIS) to eligible candidates upon application. However, they are valid for between 1-2 years, depending on the holder’s immigration status, after which they expire. When that happens, EAD holders can apply for a renewal with the USCIS.

But sometimes, the renewal process takes time. During that period, the EAD holder may be unable to work until they receive the new document. This could create harmful gaps in a person’s employment history and make it difficult for such people to earn a living during the processing period.

To protect people in such situations, the Department of Homeland Security (DHS) grants automatic EAD extensions to those seeking EAD renewals if they meet certain requirements.

As an H4 visa holder, you can seek permission to work and apply for an EAD in certain circumstances. This guide can help you understand those circumstances and what you must do to qualify for an automatic EAD extension and preserve your right to work despite the expiration of your EAD.

Keep reading to learn more.

You can continue working with an expired EAD if you get an automatic extension. To qualify for an automatic EAD extension, you must meet the following requirements:

• You must properly file Form I-765 with the USCIS to apply for renewal before your EAD expires. If you wait till after the expiration date before applying for a renewal, you will be ineligible for an automatic extension.
• You belong to one of the automatic EAD extension categories. As an H4 EAD holder, you do not have to worry about meeting this requirement because USCIS lists people in your class as one of the categories of people who qualify for automatic extensions.
• The application category you selected during your application is the same as that on your current EAD. All you need to do to verify this is to check that the details in the “class requested” column of your I-765 receipt notice (which the USCIS will send you after filing your renewal application) matches the category on your current or expired EAD.

Any discrepancy between your EAD and receipt notice could indicate that you’re not eligible for automatic renewal. If that is your case, try not to panic. Instead, reach out to an experienced business immigration attorney who can help you determine your eligibility conclusively.

An automatic EAD extension does not mean your renewal application has been abandoned. Instead, the automatic extension period gives the USCIS time to process your application without you losing the right to work. Once your renewal is processed and you receive your new EAD card, you can continue to work for as long as your new EAD is valid.

But if your renewal application is denied, your automatic extension period will immediately end even if you still have some days or months left. A denial means you no longer have the right to work in the U.S., so you must do all you can to avoid such a scenario.

Most EAD denials are due to errors or inaccuracies during the application process. Understandably, applicants may be overwhelmed during the application process, which could make them prone to costly mistakes. If this is you, consider getting professional help from an experienced immigration attorney. They can take the stress off you and ensure your application meets the USCIS’s standards. That way, you can minimize the risk of a denial.

Even if your application has already been denied, you can still contact an immigration attorney at the Do Law Office. We can assess your case and help you determine the ideal steps to regain employment authorization.