DHS ends 540-day work-permit extension, requiring immediate renewal upon expiry
The Department of Homeland Security has finalized a rule that removes the automatic 540-day extension for employment authorizations, so workers lose permission as soon as their permit ends, even if a renewal is pending.
The U.S. Department of Homeland Security issued a final rule that eliminates the automatic 540-day extension previously granted to many immigrants while their employment authorizations were being renewed. The rule, which takes effect upon publication in the Federal Register on Oct. 14, requires work permits to lapse at their expiration date, even if a renewal application is pending, and limits filing of renewal petitions to the 180-day window before expiry.
DHS says the tighter timeline will enable more regular vetting of applicants for eligibility and security concerns. The policy impacts groups such as asylum seekers and spouses of H-1B visa holders on H-4 visas. Despite the change, USCIS reports a backlog of over 432,000 renewal cases pending six months or longer, with more than 91,000 stalled for over 18 months. Legal challenges have arisen; a group of H-4 visa holders sued, and a federal judge in California issued a limited injunction halting the interim rule’s enforcement for the plaintiffs, citing procedural deficiencies.
Why it matters
The rule could force many immigrant workers to lose employment authorization abruptly, affecting livelihoods and U.S. labor markets.
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