EAD Expiring During a Shutdown: Renewal Pending, What Then?

Workers across the United States 🇺🇸 whose Employment Authorization Documents are expiring this fall face a pressing question as Washington again confronts a potential government shutdown: Can I keep my job if my EAD expires while my renewal sits at USCIS? The short answer is yes for many people, thanks to a broad automatic extension that lasts up to 540 days—provided the renewal was filed on time and the worker fits within the categories covered by current USCIS policy.

The automatic extension is a regulatory benefit tied to the pending application. It does not switch off during a shutdown. Employers must accept an expired EAD paired with a USCIS receipt notice for the renewal as proof of continued work authorization, even if E‑Verify is offline. But the details matter, and the 540‑day clock is firm.

How the protection works and why a shutdown matters less than you might think

USCIS, which is largely funded by application fees, is expected to continue processing most filings even if other parts of the federal government close. That includes renewals for work permits. A shutdown can still slow things because USCIS depends on other agencies for certain checks, and some staff may been affected. But the key protection—an automatic extension for eligible EAD holders—does not depend on new agency action after you file. It flows from rules already in place.

If your renewal application is properly filed and pending, your work authorization continues for a set period under the extension rules.

The rule behind the extension: what changed in 2024

At the center of this safety net is a temporary final rule USCIS issued in 2024. Key points:

• The rule expanded the automatic extension period from 180 days to as long as 540 days for many EAD categories.
• The change covers renewals filed on or after October 27, 2023, and it runs through September 30, 2025.
• Your renewal must be timely filed—meaning USCIS received your Form I‑765 before your current EAD expired.
• If the filing came even a day late, the automatic extension does not apply and you are not authorized to keep working based on the expired card.

What to show your employer: required documents

To demonstrate continued work authorization under the automatic EAD extension, present:

• The expired EAD card, and
• The USCIS receipt notice for the pending renewal, known as Form I‑797C, Notice of Action.

This combination, along with the USCIS policy in effect, extends authorization up to 540 days beyond the EAD’s original end date for eligible categories. Employers should treat this as valid proof and should not fire or suspend a worker simply because the plastic card shows an expired date.

Important: The expired date on the card is temporarily superseded by the automatic extension—only if the renewal was timely filed and you are in a covered category.

Category codes and exceptions

The expansion was intended to reduce backlog-related limbo, but not all EAD categories are identical. Check the category code on the front of your EAD. Examples include:

• (c)(9) — adjustment of status applicants
• (a)(5) — certain asylum‑related cases
• (c)(8) — asylum applicants
• TPS category codes (varies by notice)

The 540‑day protection covers most of these, but exceptions exist based on USCIS’s category list and TPS-specific rules.

E‑Verify and shutdowns

E‑Verify behaves differently in a funding lapse:

• During a shutdown, E‑Verify typically goes offline: employers cannot open new cases or check pending cases.
• This does not cancel work authorization. A worker who qualifies for an automatic extension remains authorized to work.
• Employers must follow standard I‑9 rules that accept an expired EAD with a matching USCIS receipt for a timely filed renewal as valid evidence through the end of the extension period.
• Once E‑Verify returns, employers must follow DHS restart guidance—but they cannot penalize a worker because E‑Verify was unavailable.

USCIS operations during a shutdown

• USCIS operations do not entirely stop because the agency is fee-funded; service centers generally continue processing.
• However, slowdowns are possible if steps depend on another closed or short‑staffed agency (background checks, interagency data flows, in‑person services).
• The automatic extension is designed to bridge processing waits—up to the 540‑day limit.
• If your renewal remains pending after that window closes, your work authorization expires and continuing to work could cause severe compliance and immigration consequences.

Practical examples

1. Nursing assistant:
   • EAD expires October 5, 2025.
   • Filed Form I‑765 on September 1, 2025; got I‑797C dated September 10, 2025.
   • Even if a shutdown begins October 1, she remains authorized and should show the expired card + receipt to employer.
   • Extension could carry her up to 540 days past October 5, 2025, unless USCIS approves sooner.
2. Warehouse worker:
   • EAD expired last month; renewal mailed after expiration.
   • Receipt came later—no automatic extension because filing was late.
   • Must stop working until a new EAD is approved, or risk unauthorized employment consequences.

These examples show how one key date—whether USCIS received the renewal before the card expired—can make all the difference.

If you’re running out of time: expedite requests and other steps

• USCIS may consider an expedite for a pending Form I‑765, but approvals require strict grounds (severe financial loss, urgent humanitarian reasons, etc.).
• During a shutdown, an approved expedite may still face delays if dependent offices are closed.
• If approaching the end of your 540‑day window:
  • Consider an expedite request with supporting proof (employer letter, financial hardship documentation).
  • Keep evidence organized to facilitate review.
  • Contact USCIS for a status update or submit an online inquiry if processing time exceeds normal ranges.

Employer responsibilities and best practices

Employers must:

• Accept acceptable documents that reasonably appear genuine and relate to the person presenting them.
• Treat an expired EAD + I‑797C receipt as acceptable when the automatic extension applies.
• Track the re‑verification date tied to the end of the 540‑day window and set reminders to re‑verify then or when a new EAD arrives.
• Train staff to avoid requesting extra or different documents beyond what I‑9 rules require—unnecessary demands can raise discrimination risks.

Recommended employer actions:

• Provide a quick reference guide for managers with examples and date‑counting tips.
• Maintain consistent policy across locations.
• Designate an internal immigration point of contact (HR or legal).

Communication tips for workers and HR

• Workers: Notify HR early when a renewal is filed and share the I‑797C as soon as it arrives.
• HR: Enter the 540‑day count into tracking systems and set reminders (e.g., 90, 60, 30 days before re‑verification).
• If HR tools mark employees out of status when the physical card expires, update the tools to reflect the automatic extension.

TPS holders and country-specific notices

• TPS beneficiaries should watch for DHS notices that list automatic EAD validity by country and registration period.
• TPS‑specific Federal Register notices can extend EAD validity independent of individual renewals.
• Check your EAD category code, the TPS notice for your country, and the dates on your receipt. When unsure, seek advice—misassumptions about category coverage can put a job at risk.

Travel, employer changes, and wage/hour implications

• Travel: Leaving the country does not automatically end an automatic extension, but international travel can raise separate risks—especially without advance parole or with pending cases. Discuss travel with a lawyer who knows your full case history.
• Changing employers: In most EAD categories, authorization is not employer‑specific; the extension follows the person. Ensure the new employer understands I‑9 rules.
• Wage/hour rules: If the 540‑day extension expires and no new card is in hand, you must stop working. Continuing beyond that point risks payroll violations and harms future immigration filings.

Filing, tracking, and practical filing advice

• The heart of a renewal is Form I‑765. Official form and filing instructions: Form I-765, Application for Employment Authorization.
• File the correct edition, pay the right fee, and choose the proper eligibility category code.
• Mistakes can cause rejections or delays that eliminate timely‑filing protection.
• If money is tight, check fee waiver eligibility or employer assistance options where available.
• After filing:
  • Use the receipt number on the I‑797C to track the case online.
  • Respond promptly to any Requests for Evidence (RFE).
  • Keep copies of all notices in a safe place and share with HR if needed.
  • If processing exceeds normal times, submit an online inquiry or contact USCIS.

When the 540‑day period nears its end

Options narrow as the window closes:

1. Ask USCIS to expedite with strong supporting evidence.
2. Call USCIS or submit an online status check.
3. If applicable, request congressional casework assistance.
4. Prepare for the possibility of a gap and discuss coverage with your manager.

None of these steps guarantees a faster decision, but they are tools that might help.

The human impact and final reminders

The automatic extension may read like a dry rule, but in practice it often means steady paychecks and fewer disruptions for families. Still, dates drive outcomes—so:

• Mark your EAD expiration on a calendar.
• Count forward 540 days from that date (if you qualify) and set reminders well before that window ends.
• Keep your expired EAD and I‑797C receipt accessible and share copies with HR.
• Check your case status regularly and act quickly on RFEs or long delays.

Key rules to remember (bright lines):

• A timely filed renewal is the gatekeeper to the EAD extension.
• The extension can last up to 540 days from the original expiration.
• It applies to most, but not all, EAD categories; TPS may have separate notices.
• A government shutdown does not turn off the automatic extension.
• Employers must accept an expired EAD plus an I‑797C receipt as proof of continued authorization within the extension period.
• If the 540‑day window closes without a decision, stop working until the new card is approved.

Within these lines, workers and employers can plan with some confidence—even during uncertain times in Washington.