US ends 540-day grace period for immigrants after work authorisation expires

Ending the 540-day extension means a worker generally must stop working when the current permit expires. A pending renewal application no longer preserves work authorization.

For example, an H-4 spouse renewing an employment permit could reach expiration before USCIS decides. Under the final rule, work must stop then because automatic protection is eliminated. DHS says this allows more frequent eligibility and security checks. A California judge has temporarily blocked the interim rule for plaintiffs in a lawsuit.

The change matters because delays remain widespread. More than 432,000 renewal applications had waited at least six months by June 30. Over 91,000 had remained pending beyond 18 months. Workers generally can apply only within 180 days before expiration, limiting protection against gaps. The final rule takes effect upon Federal Register publication on October 14. That can mean lost wages or job disruption during lengthy waits.

An Employment Authorization Document, or EAD, is a work permit issued to eligible immigrants in the United States. It proves they are authorized to work, and losing it can mean losing employment even when a renewal application is pending.

Many asylum seekers rely on EADs, as do spouses of H-1B visa holders with H-4 visas. Under the former policy, a timely renewal could extend work authorization up to 540 days during processing delays. The new rule removes that automatic extension when the current permit expires.

That change matters because USCIS had more than 432,000 renewal applications pending at least six months on June 30. More than 91,000 had waited over 18 months. Workers generally can apply only within 180 days before expiration, leaving less time to avoid interruptions. The final rule takes effect October 14, while a lawsuit challenges the policy.

The backlog is substantial: more than 432,000 work-permit renewal applications had waited six months or longer. More than 91,000 had been pending for over 18 months. That matters because workers may lose jobs when permits expire, even while USCIS considers renewal requests.

These applications involve EADs, including permits used by asylum seekers and spouses of H-1B workers on H-4 visas. Applicants generally cannot renew until 180 days before expiration, limiting protection against long processing delays. In January, H-4 visa holders sued DHS, arguing the change violated required administrative procedures.

A California federal judge later issued a limited injunction against enforcing the interim rule for those plaintiffs. DHS says shorter periods let authorities conduct updated eligibility and security reviews. For affected workers outside that case, the final rule takes effect upon Federal Register publication on October 14. Pending renewals will not preserve work authorization after permits expire.

Once an Employment Authorization Document (EAD) expires, the worker generally cannot keep working under the new rule, even with renewal pending. The employer must stop employing them, so wages can stop and the worker may lose the job.

For example, an H-4 spouse awaiting renewal could reach the EAD’s expiration date before USCIS decides. The former 540-day extension no longer protects that worker, because authorization ends when the document expires.

This risk is serious: USCIS reported over 432,000 renewals pending at least six months on June 30. More than 91,000 had waited over 18 months, while renewals generally cannot be filed earlier than 180 days before expiration. Workers may therefore face an employment and income gap through no immediate fault of their own. A California judge temporarily blocked the interim rule for lawsuit plaintiffs, but the final rule takes effect October 14.

The 540-day extension was created to stop immigrants losing jobs because USCIS took too long renewing work permits. It kept their employment authorization valid while renewal applications waited in the processing queue.

An H-4 spouse of an H-1B worker, for example, could submit a renewal before the current permit expired. If USCIS had not decided the case, the extension allowed continued work for up to 540 days.

That protection mattered because renewal backlogs remain severe: over 432,000 applications had waited at least six months by June 30. More than 91,000 had waited over 18 months, while renewals generally could be filed only 180 days early; DHS has now moved to end the extension.

Asylum seekers and H-4 spouses are affected because many rely on work permits to work. Previously, timely renewal could preserve authorization for up to 540 days after expiration. The final rule removes that protection, even when renewal applications remain pending.

One example is the H-4 visa holders who sued DHS in January. They argue that ending the extension violated the Administrative Procedure Act. Applicants may file only within 180 days of expiration, while processing can take much longer. A California judge issued a limited injunction protecting those plaintiffs from the interim rule.

The practical risk is a job gap for people awaiting asylum decisions or relying on H-4 work income. USCIS reported over 432,000 renewals pending at least six months on June 30. More than 91,000 had waited over 18 months. Unless litigation changes the policy, many affected workers may lose authorization before USCIS decides.

Immigration status is the legal basis for remaining in the United States, such as H-4 status or a pending asylum case. A visa is mainly an entry document in a passport, while an EAD is separate proof of permission to work. These permissions differ, so someone can stay legally without being allowed to work.

For example, an H-4 spouse may be allowed to remain as a dependent of an H-1B worker. That spouse may still need an EAD, which can expire while renewal is pending. Under this rule, automatic extensions end when it takes effect on October 14, potentially stopping work even though stay continues.

On June 30, USCIS had over 432,000 renewals pending six months or longer, including over 91,000 pending 18 months. Applicants generally cannot renew until 180 days before expiration, limiting protection against delays. DHS says ending extensions enables more frequent vetting, but a California injunction protects the lawsuit’s plaintiffs for now.