Employment Authorization Documents and automatic extensions
What the regulation currently provides about renewal. This changed on 30 October 2025, and a great deal of secondary writing still describes the previous position.
Authority: 8 CFR 274a.13
Renewal applications filed on or after 30 October 2025
- The regulation provides that except as otherwise provided by law, by paragraph (d), or in an applicable Federal Register notice regarding TPS-related employment documentation, the validity period of an expired or expiring Employment Authorization Document will NOT be automatically extended by a request for renewal. 8 CFR 274a.13(e)
- For those employment authorised incident to status under 8 CFR 274a.12(a), it provides the document expires the day after the end validity date shown on it, and the authorisation expires or terminates upon expiration or termination of the person’s status. 8 CFR 274a.13(e)(1)
- For those employment authorised under 8 CFR 274a.12(c), it provides the document expires and the attendant authorisation terminates the day after the end validity date shown on it. 8 CFR 274a.13(e)(2)
Renewal applications filed before 30 October 2025
- For renewals filed before that date, the regulation retains an automatic extension provision, under which an Employment Authorization Document that has expired on its face is considered unexpired when combined with a Notice of Action (Form I-797C) demonstrating the requirements have been met. 8 CFR 274a.13(d)
Applications and decisions
- The regulation provides that approval of applications filed under 8 CFR 274a.12(c), except for (c)(8), is within the discretion of USCIS. 8 CFR 274a.13(a)(1)
- It provides that where economic necessity has been identified as a factor, the applicant must provide information regarding assets, income and expenses. 8 CFR 274a.13(a)(1)
- It states that if an application is denied, the applicant is notified in writing of the decision and the reasons, and that there is no appeal from the denial. 8 CFR 274a.13(c)
This page reports what published regulations provide, with the citation for each statement. It is not legal advice, it is not complete, and it says nothing about any particular person's situation. Verify each citation against the current text at eCFR before acting on anything here.