Most employment-authorized spouses asking whether an H-4 EAD renewal will move forward during a federal government shutdown can breathe a little easier: USCIS is primarily fee-funded and continues most operations even when Congress hasn’t passed a budget, so adjudications like the H-4 EAD renewal typically carry on. That includes reviewing the Form I-765 work permit application for H-4 spouses.
While some immigration functions tied to appropriated funds may pause, USCIS’s core, fee-backed casework usually does not stop in a shutdown. The practical effect is that, even if a shutdown occurs, an H-4 EAD renewal keeps its place in line. USCIS also publishes guidance about its operations during lapsed appropriations; readers can check current agency status on the official site if a funding gap occurs, including updates about fee-funded casework that stays open during a budget lapse in the United States 🇺🇸. For authoritative reference, see USCIS’s public “lapse in appropriations” guidance on uscis.gov.

Key timing concerns
USCIS processing times for H-4 EAD renewals in 2025 generally range from about 3 to 6 months, and many applicants report waiting longer. Several sources note the wait can stretch 4 to 12 months, depending on service center workloads and volume.
In 2025, delays are expected to grow because of changes that treat H-4 EAD filings more independently from related H-4 and H-1B petitions, which can further separate the timelines. Applicants and employers should plan for the real possibility that processing may exceed six months, and build a buffer to avoid work stoppages.
According to analysis by VisaVerge.com, the policy environment in 2025 could magnify backlogs already straining the system, making early action and good documentation more important for households relying on a spouse’s earnings.
Automatic extension: what changed on January 13, 2025
USCIS took one major step to ease the strain: starting January 13, 2025, H-4 spouses get an automatic extension of up to 540 days if they file a timely H-4 EAD renewal. That extended cushion is meant to bridge long waits.
- “Timely” means filing before the current EAD expires.
- This extension helps reduce the work interruption risk tied to slow processing.
- It applies regardless of a federal government shutdown because it depends on the filing date and eligibility, not on congressional funding.
For families who have watched a spouse’s paycheck pause while an application sits for months, this policy is a lifeline.
Policy continuity during shutdowns
The federal budget fight can be confusing. When you hear “shutdown,” it’s natural to think every agency stops work. But immigration is different because USCIS funds most of its operations with application fees, not annual appropriations.
- USCIS typically continues receiving and adjudicating fee-based filings, including the H-4 EAD renewal, even when a federal government shutdown begins.
- That means USCIS keeps running mailrooms, scanning cases into systems, and proceeding with normal adjudications tied to fee revenue.
Caveats:
– Certain immigration functions that rely on appropriated funds may scale down or pause. That does not usually affect H-4 EAD renewals directly because the review of Form I-765 is fee-funded.
– Other agencies (for example, the Department of Labor) may halt some processes during a shutdown, such as labor condition applications (LCAs) tied to the H-1B environment. Those slowdowns can affect employers and H-1B workers, but they do not directly change the H-4 spouse’s EAD renewal path at USCIS.
Bottom line: in a shutdown, an H-4 EAD renewal is still generally accepted and adjudicated.
Practical filing advice during a funding lapse
Applicants should follow normal routines during a funding lapse:
- Keep filing on time.
- Use tracked mail to show delivery and hold onto receipt notices.
- Maintain copies of every notice and response if a case is pending.
- If USCIS issues a request for evidence (RFE), respond by the deadline on the notice.
- A shutdown does not waive document requirements or extra steps like biometrics if asked; fee-funded components continue.
Processing times and 2025 changes (details)
Processing timelines cause most anxiety. In 2025:
- The average timeframe of 3 to 6 months remains guidance, but many applicants experience longer waits.
- Expect some cases to take 4 to 12 months, driven by service center workloads and application volume.
- New separation of H-4 EAD adjudications from H-4 and H-1B petitions can lengthen gaps between status approval and EAD results.
Impact of delays:
– Loss of second income affecting rent, loans, childcare, elder care, or health insurance.
– Stalled career progress for the H-4 spouse.
– Increased financial pressure on the H-1B principal worker.
– Employers, especially small firms, may lose valued team members temporarily.
Important protections and limitations:
– Automatic extension up to 540 days for timely renewals (effective January 13, 2025) is the key safety net.
– Premium processing is not available for H-4 EAD applications — there’s no paid upgrade to speed a decision.
– If a case exceeds normal windows or an approval notice arrives but the physical card does not, file a case inquiry with USCIS. This doesn’t guarantee speed but raises the issue with the agency.
Practical plan — what to do now
For applicants in early 2025:
- File the H-4 EAD renewal well before your current card expires.
- Track your receipt and watch for USCIS notices.
- Rely on the up to 540-day automatic extension for timely filed renewals starting January 13, 2025.
- If processing goes beyond expected 3 to 6 months (or into the 4 to 12 months range), remember the extension is designed to keep you working through that wait.
Follow the form instructions carefully. The H-4 spouse’s renewal uses Form I-765
, available on USCIS’s official site: Form I-765. Read the guidance before you sign and mail, include required evidence, keep copies of everything, and save delivery confirmations.
Employer and HR considerations
Employers and HR teams should:
- Update onboarding and I-9 verification practices to reflect the longer automatic extension period.
- Train front-line HR on the up to 540-day extension and what documents an employee can present for continued work while the renewal is pending.
- Build calendar reminders and clear internal instructions so employees know what to present and when.
This helps avoid confusion at re-verification and supports lawful continued employment under the automatic extension.
When to submit a case inquiry
Best practices:
- Monitor USCIS’s posted processing windows and submit a case inquiry only when your filing is clearly outside those normal times.
- If an approval notice arrives but the card does not, request an inquiry about non-delivery.
- Keep all emails, confirmation numbers, and dates for your records to document timelines or employment gaps.
Mail, notices, and small risk reduction steps
Applicants sometimes worry that a shutdown will create extra risk of lost mail or missed notices. To reduce avoidable risk:
- Use tracked delivery for filings.
- Update your mailing address with USCIS if you move.
- Sign up for alerts and monitor online case updates.
- Keep copies of all submissions and confirmations.
Core takeaways
- USCIS continues most operations during a federal government shutdown because it is fee-funded; H-4 EAD renewals generally keep moving.
- Processing times average about 3 to 6 months, but some cases take 4 to 12 months depending on workload and volume.
- As of January 13, 2025, timely filed H-4 EAD renewals get an automatic extension of up to 540 days, helping prevent work gaps.
- Premium processing is not available for H-4 EADs; there is no paid upgrade to speed a decision.
- You can file a case inquiry if your renewal is outside normal processing times or if your card does not arrive after approval.
Final planning advice
- File earlier rather than later to fall within the timely filed window that triggers the up to 540-day automatic extension.
- Communicate with your employer about continued work authorization documentation.
- Keep all records, respond quickly to RFEs, and use the official USCIS links for forms and lapse-in-appropriations guidance: Form I-765 and uscis.gov.
For many households, the H-4 EAD is the difference between one income and two — and the automatic 540-day extension is a significant protective measure in 2025. It doesn’t shorten the government’s processing time, but it preserves a family’s ability to work while the renewal moves through USCIS’s fee-funded adjudication system.
Frequently Asked Questions
This Article in a Nutshell
USCIS is primarily fee-funded and typically continues adjudicating H-4 EAD renewals even during federal government shutdowns. In 2025, official guidance lists average processing times of roughly 3–6 months, but many applicants face longer waits—often 4–12 months—driven by service center workloads and a move to process H-4 EAD filings more independently from H-4/H-1B petitions. Crucially, starting January 13, 2025, timely-filed H-4 EAD renewals receive an automatic extension of up to 540 days, helping prevent employment gaps. Premium processing is unavailable; applicants should file early, keep tracked records, respond to RFEs promptly, and employers should adjust HR processes to reflect the extended automatic authorization.