USCIS ENDS THE 540-DAY AUTOMATIC WORK PERMIT EXTENSION — WHAT YOU MUST KNOW

USCIS ENDS THE 540-DAY AUTOMATIC WORK PERMIT EXTENSION — WHAT YOU MUST KNOW #ImmigrationNews #USCISUpdate #WorkPermit #EAD #USImmigration #Immigration2025 #AsylumSeekers #ImmigrationLaw #ImmigrationAttorney #WorkAuthorization

Today we’re talking about one of the biggest U.S. immigration changes of 2025 — the federal government has officially ended the 540-day automatic extension for employment authorization documents, also known as EADs. If you, your employees, or your clients rely on work permits, this is a MUST-know update. Let’s break down exactly what’s changing, who’s affected, and what you should do next.” Section 1: What Just Happened? “On October 30, 2025, the Department of Homeland Security released an interim final rule eliminating the 540-day automatic extension for anyone filing an EAD renewal on or after that date. Under the old system, if you filed your EAD renewal on time, you could keep working for up to 540 days after your card expired — even while USCIS was still processing your application. But now? For renewals filed on or after October 30, that safety net is gone. Your work authorization ends the day your current EAD expires unless your new card is already approved.” Section 2: Who Is Affected? “This rule affects millions of immigrants, including: • Asylum applicants with C08 category EADs • Adjustment of status applicants filing under category C09 • H-4 dependent spouses • VAWA self-petitioners • TPS recipients (depending on their category and any separate TPS extensions) • Withholding of removal applicants If these individuals file their renewal on or after October 30, they no longer have the 540-day extension to protect them.” Section 3: Who’s NOT Affected? “Some groups are less impacted: • F-1 STEM OPT students still get a 180-day automatic extension — this rule didn’t touch them. • Anyone who filed before October 30 keeps their 540-day extension. • People whose work authorization is ‘incident to status’ — like some L-2 and E-2 spouses — may not rely on the EAD extension at all.” Section 4: Why Did DHS Change This Rule? “DHS says the automatic extension made it harder to properly screen applicants. They argued that: • Work authorization was being extended too long without updated review • Fraud risks had increased • Security vetting needed more control So the government decided to end the extended grace period and require a full adjudication before workers can continue employment.” Section 5: The Impact — Why This Is a Big Deal “This change can create huge work authorization gaps. Let’s look at a real example: If your EAD expires in March 2026, and you file your renewal in February — but USCIS takes 6 to 12 months to process it — you may be forced to stop working after the expiration date and wait until the new card is issued. This can mean: • Lost income • Job loss • Employer compliance issues • Disruption for families and businesses For asylum applicants and adjustment applicants especially, this can be devastating.” Section 6: What You Should Do Now “Here’s what you need to do immediately: 1. File early. Many EAD categories allow filing up to 180 days before expiration. File as early as possible. 2. Check if you qualify for another work authorization category. Some clients may have backup options — such as switching to a different visa or adjusting status. 3. Prepare financially. Without the 540-day extension, there is a real risk of temporary unemployment. 4. Employers must update I-9 practices. For renewals filed after October 30, a receipt notice is not enough to keep someone working. 5. Stay informed. This rule could face legal challenges or future modifications.” Section 7: Final Thoughts + Your Action Plan “This rule marks a major shift in U.S. immigration policy. The bottom line is clear: If you rely on an EAD to work — or if you employ people who do — you must plan ahead. Work permits will no longer be automatically extended for 540 days. And employment gaps are now a very real risk.”

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