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DHS Ends 540‑Day Automatic Work‑Permit Extension for Many Renewal Applicants

This rule removes automatic work authorization extensions for many renewal filings, increasing the risk of job interruptions from USCIS backlogs.

Overview

  • The Department of Homeland Security finalized the rule that ended the automatic 540‑day extension of Employment Authorization Documents for renewal applications filed on or after Oct. 30, 2025.
  • The rule took effect on Oct. 14, 2026, and for affected filings the I‑797C receipt no longer serves as proof of work authorization when an EAD card has expired.
  • USCIS processing delays heighten the impact of the change with about 432,000 pending renewals older than six months and roughly 91,000 pending over a year, creating a real risk that workers will lose legal ability to work while waiting.
  • USCIS also put forward a separate proposal to let adjudicators revisit employer I‑129 extension approvals, a move that could lead officers to overturn prior decisions in categories such as H‑1B, L‑1, O, P and related dependent classifications.
  • The rule preserves some independently based extensions, such as certain TPS‑linked EADs, and USCIS policy PA‑2026‑15, effective Oct. 23, changes how filing timeliness is calculated for other immigration forms.