USCIS Makes 540-Day Work Permit Renewal Extension Permanent

A new rule that permanently increases the automatic extension period for employment authorization documents (EADs) from 180 days to 540 days for certain applicants will go into effect Jan. 13, 2025.

U.S. Citizenship and Immigration Services (USCIS) published the final rule in the Federal Register on Dec. 13.

“Making the automatic extension of up to 540 days permanent reduces the likelihood that eligible renewal EAD applicants will experience a lapse in employment authorization or employment authorization documentation while USCIS processes their renewal applications,” USCIS said.

Lapses in employment authorization and documentation impact both workers and employers. USCIS continues to work through a large backlog of work permit applications and renewals.

“This critical step addresses a significant barrier in the U.S. workplace immigration system by helping to prevent unnecessary lapses in work authorization due to processing delays,” said Emily M. Dickens, SHRM chief of staff and head of government affairs.

“Processing delays and unpredictability within the workplace immigration system remain top challenges for American employers, as underscored by SHRM research,” Dickens said. “These challenges impede businesses’ ability to remain competitive and maintain a stable workforce. The success of the previous temporary 540-day extension in improving processing efficiency without compromising system integrity demonstrates the effectiveness of this approach, and we commend USCIS for making this improvement permanent.”

EAD applicants will be entitled to the 540-day automatic extensions if they timely filed an EAD renewal application between May 4, 2022, and Sept. 30, 2025, they are requesting renewal in the same category as the expired EAD, and they meet other general eligibility requirements, said Amy Peck, an attorney in the Omaha, Neb., office of Jackson Lewis and co-leader of the firm’s immigration practice group.

An expired EAD is permitted for Form I-9 purposes when combined with a Form I-797C receipt notice indicating a timely filed EAD renewal application.

EADs are granted to various categories of immigrants, and those covered under this policy include green card applicants, the spouses of H-1B recipients, workers granted temporary protected status, and asylum-seekers. The rule does not apply to applicants seeking initial approval for work authorization.

“This rule represents a significant shift in employment authorization policy aimed at mitigating the risks associated with USCIS processing delays,” said Samantha Wolfe, an attorney in the Denver office of Holland & Hart. “This change builds on temporary rules issued in 2022 and 2024, which successfully alleviated employment disruptions for thousands of workers and their employers.”

Wolfe said that this rule will help eligible workers experience greater stability in their employment by reducing the risk of gaps in work authorization due to processing delays; it will also benefit employers by reducing administrative burdens and disruptions caused by temporarily losing employees whose EAD renewals are pending. The extended renewal period also aids workforce retention, helps businesses maintain continuity, and reduces turnover costs.

“Permanently codifying this extension provides much-needed predictability, especially for groups like H-4 EAD holders, where delays have historically caused significant challenges,” Wolfe said.

Employers should begin preparing to update their HR practices to incorporate the 540-day extension into Form I-9 processes. Employees eligible for EAD renewal are encouraged to file applications as early as possible—up to 180 days before their current EAD expires—to take full advantage of the extension, Wolfe said.

“Based upon legislative rules regarding regulations enacted near the end of an administration, this 540-day automatic extension could be removed, amended, or rescinded by the new Trump administration,” Peck said. “It would be advisable, therefore, to file for EAD extensions as soon as possible before Jan. 20, 2025.”