Can I File EAD Renewal or Initial Application During a Shutdown?

With Congress facing funding standoffs again, many workers on temporary status are asking whether a government shutdown will stop their Employment Authorization Document applications. The answer is straightforward: USCIS will keep working, and you can still file an EAD renewal or initial application even if the federal government shuts down.

Because U.S. Citizenship and Immigration Services is funded by filing fees, not annual appropriations, the agency stays open and keeps processing cases during a shutdown. That includes EADs, advance parole, humanitarian cases, and most other benefits processed through USCIS service centers and local field offices.

Filing and processing during a shutdown

In practical terms, people with work permits expiring soon should not wait. File your renewal as normal using Form I-765, Application for Employment Authorization and follow the current instructions.

• USCIS continues to accept paper and online filings, and continues biometrics, card production, interviews, and other case work.
• You can find the official form and instructions on the USCIS page for Form I-765, Application for Employment Authorization.
• According to analysis by VisaVerge.com, USCIS maintained normal intake and adjudications during prior funding lapses for the same reason—operations depend on fees, not the annual budget process.

Indirect effects from other agencies

There can still be knock-on effects even when USCIS stays open, because parts of the immigration system depend on other agencies that may scale back during a shutdown.

• Department of Labor tasks (e.g., Labor Condition Applications and prevailing wage requests) could slow, affecting H‑1B or PERM timelines.
• Department of State consulates largely rely on fees and often remain open, but reduced staffing or delayed security checks can slow visa appointments.
• These indirect delays do not stop USCIS from deciding an EAD, but they can affect overall timelines when multiple agencies are involved.

Automatic extensions and protections

As of October 2025, USCIS provides a broad automatic extension for many categories.

• If you file your I‑765 renewal on time and your current EAD expires while the application is pending, you may get an automatic extension of up to 540 days.
• This extension helps employees keep working and employers keep staff on payroll while USCIS finishes adjudication.
• During the extension period, your expired EAD together with the USCIS receipt notice (Form I-797C, Notice of Action) acts as proof of work authorization for I‑9 purposes.
• USCIS explains employers’ treatment of receipt notices under Form I‑9 on the official Form I‑9, Employment Eligibility Verification page and provides guidance recognizing the 540‑day extension.

TPS beneficiaries

Temporary Protected Status beneficiaries have a separate safety net.

• For many TPS holders, automatic extensions may run up to one year or last through the TPS designation period, whichever is shorter.
• In some TPS situations, a late-filed EAD renewal can still qualify if submitted within the re‑registration window set by USCIS.
• USCIS usually publishes TPS re‑registration windows in the Federal Register and updates agency pages with instructions; keep those notices handy and provide copies to employers if needed.

Document management and I‑9 guidance

It’s important to keep your documents organized after filing.

• Watch for the Form I‑797C receipt notice and store it with your current or expired EAD card.
• For I‑9 re‑verification, employers need to see the specific combination required by DHS:
  • The EAD showing the same category as your renewal, and
  • The receipt notice quoting the automatic extension language.
• If your employer uses E‑Verify, they should follow DHS field guidance recognizing these automatic extensions across eligible codes.
• USCIS provides background about receipt notices on the Form I‑797C, Notice of Action page.

Employers and employees: keep copies of both the EAD and the receipt together for I‑9 audits. A mismatch between the category on the card and on the renewal application can break the automatic extension.

What stays open and what might slow

Even during a government shutdown, USCIS service centers, lockboxes, and field offices remain open.

• Continued operations include:
  • Intake of mail and online filings
  • Biometrics appointments
  • Interviews
  • Card production
  • Case status tools, processing time reports, and the Contact Center

Applicants should still attend biometrics and interviews unless USCIS sends a notice telling them otherwise. If a local office must close for weather or other reasons, the agency posts updates and reschedules appointments without penalty.

Other parts of the system that may slow:

• Department of Labor functions (affecting H‑1B change-of-employer filings that need a certified LCA)
• Consular posts (may adjust schedules if staffing is tight)
• Passport or security vetting partners (may limit travel-related actions)

None of these slowdowns prevent USCIS from processing an EAD, but they can affect related steps when multiple agencies are involved.

Practical planning and checklists

This is where planning helps. Suggested actions:

1. If your EAD is within six months of expiring, file the I‑765 renewal now.
2. If you expect to travel, check consulate operations and consider the risk of being outside the U.S. when a card or notice arrives.
3. Keep your address current with USCIS to avoid missing biometrics or Requests for Evidence.
4. Create a simple folder for I‑9 re‑verification containing:
   • Your EAD
   • The receipt notice (Form I‑797C)
   • Any DHS/USCIS guidance your employer requests

Additional practical tips:

• Use the same name and address across forms.
• Update employers when receipt notices arrive.
• Set reminders 180, 120, and 90 days before card expiry.
• If you move, file an address change with USCIS within 10 days.

These small steps prevent avoidable case hiccups and help you make the most of the automatic extension.

Impact on workers, students, and employers

The 540‑day extension has tangible workplace effects:

• HR teams can update I‑9 records without sending employees home.
• Families keep income flowing while cases proceed.
• Students on F‑1 OPT who filed a timely STEM extension can keep working under the automatic extension tied to their I‑20 and timely I‑765 filing.
• Healthcare workers on TPS or asylum applicants with pending EAD renewals can remain in critical roles.

Employers should:

• Train HR staff to read receipt notices carefully and confirm category codes.
• Keep copies of both the EAD and receipt for I‑9 audits.
• Maintain calendar follow‑ups to avoid missing deadlines.

Common pitfalls to avoid:

• Mismatch between the category on the card and the category on the renewal application.
• Failing to keep copies of both documents together for I‑9 audits.
• Assuming the automatic extension applies to replacements — it generally applies to renewals, not to all replacement filings.

When questions arise, the USCIS Contact Center remains available during a shutdown. Employers can review the I‑9 Handbook for Employers on the official site.

Filing tips for individuals

The filing steps remain the same as any other week:

• Prepare the correct fee and use the latest edition of the form.
• Sign where required.
• If you file online, save a PDF of your submission.
• Use secure mail for any supporting documents USCIS requests later.
• If your card expires while renewal is pending, use the expired EAD plus the receipt notice for I‑9 verification.
• Remember: the automatic extension applies to renewals, not to all replacement cards.

If your lawyer’s office closes during a shutdown, you can still file on your own using official instructions and later submit a G‑28 to add counsel—meeting timelines is what matters most.

Monitoring case status and USCIS guidance

USCIS encourages applicants to check case status and processing time tools.

• Published processing times can lag actual performance but help set expectations.
• If your case exceeds the published “outside normal” window, you can submit an e‑request; this service remains available during shutdowns.
• For official, authoritative updates, start at the USCIS homepage and the I‑765 page linked earlier.

Travel and advance parole considerations

Practical travel tips:

• If you need a visa stamp abroad, plan for possible consular delays even if posts remain open.
• For advance parole, file early and avoid non‑urgent travel until you have the document in hand.
• Students should speak with Designated School Officials about maintaining status during travel.
• TPS holders should confirm whether their travel document is valid for the expected return date.

Official sources and next steps

For forms and official guidance, start at these controlling sources:

• Form I-765, Application for Employment Authorization
• Form I-9, Employment Eligibility Verification

These pages provide authoritative information on EAD filings, automatic extensions, and employer verification rules during a government shutdown. When rumors spread during tense budget debates, rely on those USCIS pages for the most accurate updates.