Extensions no longer granted in many work permit categories
Work Permit Validity Expanded
Great news for many noncitizens and their employers: U.S. Citizenship and Immigration Services (USCIS) has expanded work-permit validity and strengthened automatic extensions.
Five-year EADs. USCIS updated its Policy Manual to allow Employment Authorization Documents (EADs) valid for up to five years for several categories. Longer validity cuts renewal filings and helps avoid gaps in work authorization.
Automatic extension now up to 540 days—permanently. DHS issued a final rule making the automatic extension of certain expiring EADs up to 540 days permanent (up from 180). The rule took effect January 13, 2025 and applies to eligible renewals pending or filed on or after May 4, 2022.
Who benefits from the 540-day auto-extension? Categories already eligible for the 180-day extension—such as many TPS beneficiaries, asylum applicants, refugees/asylees, and certain H-4/L-2/E-spouses—continue to qualify, provided the renewal is timely and the underlying category appears on USCIS’s eligibility list. Always verify eligibility and documentation requirements on USCIS’s auto-extension page. USCIS
Employer I-9/E-Verify notes. Employers may accept an expired EAD plus the Form I-797C receipt for a timely-filed renewal in an eligible category as a receipt showing extended work authorization for up to 540 days. Track reverification dates carefully and follow E-Verify’s guidance to avoid compliance issues.
What to do now.
- If your EAD is expiring, file early to lock in the 540-day automatic extension (if eligible).
- If you qualify for a five-year EAD, consider aligning your I-765 filing with other pending benefits to minimize renewals.
- Keep copies of your I-94, approval notices, and I-797C receipts for employment and travel planning.
For tailored advice, our office can review your category, confirm eligibility, and prepare filings to secure the longest possible work authorization.