Workers on H-4 EADs face a narrow path if their card expires during a government shutdown while a renewal is still pending: most can’t keep working unless they qualify for an automatic extension. Under current rules, the automatic extension applies only when both of these conditions are true:
- the renewal Form I-765 was filed on time (before the current card expired), and
- the person’s H-4 status—shown on a valid I-94—remains in place beyond the EAD’s expiration.

If either piece is missing, work must stop the day the card expires. While that can feel harsh, it is the clear line federal agencies use to decide who may continue working during a shutdown and who must pause until a new card is approved. According to analysis by VisaVerge.com, this line holds even if agency backlogs stretch because of the shutdown and workers feel pressure to fill shifts or meet project deadlines.
How a shutdown affects processing
USCIS, the agency that decides H-4 EAD renewals, is mostly funded by application fees, so it stays open in a shutdown. That means cases keep moving, receipts keep issuing, and adjudicators keep working. But a shutdown can trigger ripple effects across the system, including staffing shifts and slower handoffs with other agencies. Applicants should expect possible delays, even if modest.
By contrast, the Department of Labor (DOL), which handles Labor Condition Applications tied to H-1B filings, suspends many services during a shutdown. That DOL pause does not directly affect H-4 EAD renewals (which are handled by USCIS), but it adds stress for families tied to H-1B employment. If an H-1B spouse can’t complete certain steps on time because DOL systems are down, the household may feel extra strain while also watching the H-4 EAD calendar.
The automatic-extension rule — what matters
The key fact for H-4 spouses is straightforward: you can keep working only if you are covered by an automatic extension. Important details:
- The automatic extension can last up to 180 days.
- It activates only when:
- a timely Form I-765 renewal is on file before the old EAD expires, and
- your H-4 I-94 shows valid status beyond the EAD’s end date.
- If your I-94 already expired or will expire before the EAD end date, the extension does not apply.
- If your renewal was filed after expiration, the extension also does not apply.
- Working after the card lapses without qualifying for the extension counts as unauthorized employment, which can cause problems in later filings.
What USCIS being open does — and doesn’t — mean
USCIS has said it continues operations in a shutdown, so workers sometimes assume leniency follows. It does not. Rules do not loosen during a shutdown.
If you qualify for the automatic extension, keep clear proof on hand:
- the expired EAD,
- the I-765 receipt notice, and
- the I-94 showing valid H-4 status beyond the EAD’s end date.
If you don’t qualify, stop work on the day the card expires and wait for approval. Employers need to treat this as a hard stop as well.
Examples that show how the rule plays out
- Example 1: A software engineer on H-1B and a spouse on H-4 EAD file the spouse’s renewal 120 days before the EAD expired. The spouse’s I-94 remains valid well past the EAD end date. Even during a shutdown, the spouse can keep working under the automatic extension while USCIS processes the renewal.
Example 2: A household where the H-4 I-94 is set to expire two weeks after the EAD. Even with a timely I-765 filing, the automatic extension ends when the I-94 lapses. If the renewal hasn’t been approved by that date, the spouse must pause work.
The outcomes differ sharply based on the I-94 date and the timing of the I-765 filing.
Employer responsibilities and risks
Employers face their own tightrope. HR teams should:
- Track EAD expiration dates and I-94 validity for H-4 workers.
- Expect slower case movement during a shutdown and plan coverage accordingly.
- Understand that allowing an employee to work after expiration when not covered by the automatic extension risks compliance issues (I-9 problems, audit questions).
- Communicate clearly and well ahead of deadlines to prevent last-minute disruptions.
What you can — and cannot — do to speed approval
Applicants often ask whether submitting extra documents can push USCIS to approve EADs faster. The short answer: no rule change or special shortcut applies in a shutdown. USCIS processes cases as resources allow, and premium processing does not apply to Form I-765. Families should focus on what they can control:
- File early.
- Confirm H-4 status remains valid long enough to cover any gaps.
- Keep all required documents handy for employers.
Policy context and how rules apply in a shutdown
- USCIS stays open during a government shutdown because it is largely fee-funded, so H-4 EAD renewals continue to be processed. Still, delays may occur.
- DOL services pause during a shutdown, including LCA processing. This does not directly affect H-4 EAD renewals but can add pressure to H-1B households.
- Automatic extension is limited to 180 days and applies only if:
- the renewal was filed before the EAD expired, and
- the H-4 I-94 is valid beyond the EAD expiration.
- If the extension does not apply, work must stop when the EAD expires. Continuing to work counts as unauthorized employment.
- A pending renewal alone does not allow work after the EAD expiration if the automatic-extension conditions are not met.
Workers sometimes think a shutdown means “no one will check.” That is risky. Employers must still complete and update I-9s, and workers must still meet the rules that allow them to work.
If covered by the automatic extension, present the expired H-4 EAD, the I-765 receipt notice, and the valid I-94 record. If not covered, do not work until the new card is approved. The safest next step is often to ask HR to review documents now, rather than after the card lapses.
Practical steps for workers and employers
- Check the date on your I-94. If it is valid past the EAD expiration and you filed the renewal before expiration, you may be covered by the 180-day automatic extension.
- Confirm your filing date. A late Form I-765 filing cancels the automatic extension. Keep the receipt notice and share it with your employer as needed.
- Plan for a pause if you are not covered. Set a firm last working day equal to the EAD expiration, and ask HR about leave options or schedule changes.
- Avoid unauthorized employment. Working even a day without valid authorization can create long-term problems on future filings.
- Keep records organized: copies of the expired EAD, I-94, and I-765 receipt. Employers should keep I-9 files current and note the automatic extension period.
- Watch for case movement. USCIS remains open in a government shutdown, but don’t assume faster decisions—prepare for possible delays.
Helpful official links
- For official guidance on automatic EAD extensions: USCIS: Automatic Employment Authorization Document (EAD) Extension
- For renewal filings (Form I-765): USCIS: Form I-765, Application for Employment Authorization
- For extending H-4 status (Form I-539): USCIS: Form I-539, Application To Extend/Change Nonimmigrant Status
The human impact and the core message
The human cost of even a short break in work is real. Mortgage payments, childcare bills, and college tuition do not pause during a government shutdown. The automatic extension aims to cushion that shock when people have done two things: filed early and kept their underlying H-4 valid beyond the EAD’s end date.
Some families meet those steps; others—because of travel, job changes, or slow adjudications on H-1B extensions that affect the H-4—may fall outside the extension and face an immediate stop-work date. Those families often juggle savings, tap credit, or rely on a single salary while they wait.
Some workers wonder whether they should quit before the expiration date to avoid risk. That’s usually unnecessary if they are covered by the automatic extension. They can keep working with the expired card, the I-765 receipt, and an I-94 that remains valid beyond the EAD’s end date. Employers should accept that set as proof during the automatic extension period.
If you’re unsure whether you qualify for the automatic extension, put these facts on one page:
- EAD end date
- I-94 end date
- Date USCIS received your I-765 renewal
If the renewal receipt date is on or before the EAD expiration and the I-94 goes beyond that expiration, the path is clear. If not, set a pause date. During a shutdown, holding to those dates helps avoid surprises.
The basic message does not change with politics or budget fights: You can keep working only if the automatic extension applies. Otherwise, stop on the EAD expiration and wait for approval to return. Families that plan ahead—by filing early and keeping H-4 status valid long enough—are best positioned to weather a shutdown with less disruption to work and home life.
Frequently Asked Questions
This Article in a Nutshell
H-4 EAD holders whose cards expire during a government shutdown face a narrow path: continued work is permitted only if the applicant filed Form I-765 before the EAD’s expiration and the H-4 I-94 remains valid beyond that expiration. USCIS typically remains open in a shutdown—processing and issuing receipts—but delays and interagency slowdowns may occur. The DOL may suspend services, affecting related H-1B processes. If automatic-extension conditions are not met, the worker must stop on the expiry date to avoid unauthorized employment. Employers should track EAD and I-94 dates, request I-765 receipts, and plan coverage. Filing early, keeping documentation organized, and confirming I-94 validity are the best steps to minimize disruption.