USCIS Addresses Work Permit Limbo With 540-Day Extension

U.S. Citizenship and Immigration Services (USCIS) announced changes to the automatic extension period for certain employment authorization documents (EADs), saving nearly 800,000 EAD renewal applicants from a lapse in work authorization. Automatic extensions will now go up to 540 days, a significant improvement from the previous 180-day period.

USCIS estimates that approximately 60,000 to 80,000 employers across the U.S. would have been negatively impacted as a result of the lapse.

“Temporarily lengthening the existing automatic extension up to 540 days will avoid lapses in employment authorizations,” said USCIS Director Ur M. Jaddou. “At the same time, this rule provides DHS with an additional window to consider long-term solutions by soliciting public comments, and identifying new strategies to ensure those noncitizens eligible for employment authorization can maintain that benefit.”

The temporary final rule will apply to all eligible EAD applicants with a pending renewal application who filed on or after Oct. 27, 2023. EAD applicants eligible for the 540-day renewal include those filing for asylum, Temporary Protected Status (TPS), and adjustment of status.