USCIS Addresses Work Permit Limbo With Longer Automatic Extensions

The U.S. USCIS has issued a major update to the automatic extension period for some Employment Authorization Documents (EADs). This update will provide nearly 800,000 EAD applicants who are renewing with ease that won’t leave them with a void in their work authorization. The new regulations shift the automatic work permit period from 180 days to a much longer 540 days, and this relief comes at a great cost to many workers.

What Does This Mean For EAD Candidates?

Previously, holders of EADs had only an automatic extension of 180 days while their renewal was being handled. This rule gives the applicants an automatic extension of up to 540 days (a much better solution that avoids work disruptions).

USCIS says that if it had remained the same, approximately 60,000 to 80,000 employers across the U.S. would have been left struggling due to EAD renewal expiring. Automatic extension will eliminate such interruptions, and workers will be able to go about their jobs uninterrupted.

Who Will Gain from This Transformation?

This policy applies to EAD candidates who have applied for pending renewals after 27 October 2023. This 540-day extension is available for the following groups of applicants:

  • Individuals applying for asylum
  • Applicants for Temporary Protected Status (TPS).
  • Applicants for adjustment of status (green card holders)

For workers of these categories, the automatic extension means they don’t have to worry about losing their employment authorization.

Why Is This Rule Important?

This adjustment is especially important for EAD holders who use their EADs to legally work in the United States. As workers wait for the renewal, their chances of being fired or their job status are constantly uncertain. The 540-day extension avoids these problems because it gives USCIS extra time to review renewal applications. Furthermore, the rule supports employers in keeping workers unharmed — especially when skilled labor is in high demand.

Moving Forward

The temporary rule is a short-term relief, but USCIS and DHS are looking for longer-term solutions, too. By extending the automatic renewal time of EADs and soliciting public input, they hope to work on better strategies to make sure workers with work authorization don’t face denial of employment in the future.

As an EAD applicant or employer with concerns about work authorization, make sure to stay up-to-date on future developments. Law and Visas are here to explain all of your immigration legalities and employment-related immigration concerns. We can get your work authorization renewed, or any other immigration issue dealt with to keep you on the job.

Scroll to Top