USCIS Expands Eligibility for 540-Day EAD Extension Permanently

Key Takeaways

• DHS made 540-day EAD extension permanent effective January 13, 2025, for timely renewal filers.
• Extension applies to eligible workers filing Form I-765 on or after May 4, 2022, with pending applications.
• TPS Venezuelan beneficiaries can use 540-day extension if filed renewal before February 5, 2025.

On January 13, 2025, a major change took effect for thousands of immigrants and employers across the United States 🇺🇸. The Department of Homeland Security (DHS) made permanent a rule that allows certain workers to keep their jobs for up to 540 days after their Employment Authorization Document (EAD) expires, as long as they have filed a timely renewal application. This move, announced in December 2024, is designed to help both workers and businesses by reducing the risk of job loss due to government processing delays. Here’s what you need to know about the new 540-Day EAD Extension, who it helps, and how it works.

Who Is Affected and Why This Matters

The new rule from the Department of Homeland Security directly affects noncitizens who work in the United States 🇺🇸 using an EAD, also known as Form I-766. These documents are required for many immigrants to legally work. In recent years, slow processing times at U.S. Citizenship and Immigration Services (USCIS) have caused many workers to lose their jobs while waiting for their EAD renewals. This not only hurts workers and their families, but also causes problems for employers who rely on these employees.

With the new permanent rule, eligible workers who file their EAD renewal applications on time will automatically get up to 540 more days to work, even if their old card expires before the new one arrives. This is a big jump from the previous 180-day extension and is meant to give both workers and employers more peace of mind.

What Changed and When

• Permanent 540-Day Extension: On December 13, 2024, DHS published a final rule (89 FR 101208) that permanently increased the automatic extension period for certain expiring EADs from 180 days to 540 days. The rule took effect on January 13, 2025.
• Who Qualifies: The 540-day extension applies to eligible workers who filed their EAD renewal applications on or after May 4, 2022, and whose applications are still pending. There is no break in coverage for those who filed during the periods covered by earlier temporary rules.
• Special Guidance for TPS Beneficiaries: In June 2025, USCIS clarified that people from Venezuela with Temporary Protected Status (TPS) whose EADs expire on April 2, 2025, can get the 540-day extension if they filed their renewal application by February 5, 2025. However, documents with a validity date of October 2, 2026, received after February 5, 2025, are not valid for those under the 2023 TPS designation.

Background: How We Got Here

The 540-day EAD extension was first introduced as a temporary fix in May 2022, when USCIS faced a huge backlog of EAD renewal applications. The extension was meant to prevent workers from losing their jobs while waiting for their new cards. In October 2023, the extension period went back down to 180 days, but by April 2024, the 540-day extension was temporarily reinstated due to ongoing delays.

Finally, in December 2024, DHS made the 540-day extension permanent for eligible categories. This move was in response to feedback from employers, workers, and advocacy groups who said the shorter extension was not enough to cover the long wait times for EAD renewals.

Why the Change Was Needed

The main goal of the 540-day extension is to prevent gaps in employment authorization. When workers lose their ability to work because of slow government processing, it can cause serious problems for them and their families. Employers also suffer because they may lose valuable employees and face extra costs to find and train replacements.

Secretary Alejandro N. Mayorkas of the Department of Homeland Security said the rule “will help eliminate red tape that burdens employers, ensure hundreds of thousands of individuals eligible for employment can continue to contribute to our communities, and further strengthen our nation’s robust economy.” USCIS Director Ur M. Jaddou added that the rule “will help U.S. employers better retain their workers and help prevent workers with timely-filed EAD renewal applications from experiencing lapses in their employment authorization and employment authorization documentation through no fault of their own.”

Who Is Eligible for the 540-Day EAD Extension?

Not every EAD holder qualifies for the 540-day extension. Here’s a breakdown of who can benefit:

• Eligible Categories: Most EAD renewal applicants in categories that previously qualified for the 180-day extension are now eligible for the 540-day extension. This includes many people with pending asylum cases, certain nonimmigrant spouses, and TPS beneficiaries.
• Filing Requirements: You must file your Form I-765 (Application for Employment Authorization) before your current EAD expires. You can find the official Form I-765 here.
• Receipt Notice: You must have a Form I-797C (Notice of Action) showing that your renewal application was received and that your eligibility category matches the one on your expiring EAD.
• Special Cases: Some groups, like F-1 students with pending STEM OPT extension applications, are not eligible for the 540-day extension. Certain nonimmigrant dependent spouses (categories C26, A17, A18) must also present an unexpired Form I-94 along with their Form I-797C.

How the 540-Day Extension Works: Step-by-Step

1. File Your Renewal Application: Submit Form I-765 before your current EAD expires. Timely filing is critical.
2. Get Your Receipt Notice: After you file, USCIS will send you Form I-797C. This notice proves you filed on time.
3. Show Your Employer: Present your expired EAD and your Form I-797C to your employer. This combination serves as proof that you can keep working for up to 540 days after your EAD expires, as long as your renewal is still pending.
4. Employer Verification: Employers should use the USCIS Automatic EAD Extension Eligibility Calculator or check the official USCIS guidance to confirm eligibility.
5. Special Documentation: If you are a TPS beneficiary or a nonimmigrant spouse, you may need to provide extra documents, such as an unexpired Form I-94.

What Employers Need to Know

Employers play a key role in this process. They must accept EADs that look expired if the employee provides a valid Form I-797C showing a timely renewal in an eligible category. Employers should always check the eligibility of the extension using the official USCIS resources.

Employers who fail to accept valid documents could face discrimination claims, while those who accept documents that do not meet the requirements could face penalties for hiring unauthorized workers. The USCIS Handbook for Employers (M-274) provides detailed instructions.

Special Rules for TPS Beneficiaries

Temporary Protected Status (TPS) is given to people from certain countries facing unsafe conditions, such as war or natural disasters. TPS beneficiaries often rely on EADs to work in the United States 🇺🇸.

• Venezuela Example: In June 2025, USCIS clarified that Venezuelan TPS holders with EADs expiring on April 2, 2025, can use the 540-day extension if they filed their renewal by February 5, 2025. However, if they received a document with a validity date of October 2, 2026, after February 5, 2025, it is not valid under the 2023 TPS designation.
• No Double Extensions: TPS beneficiaries can use either the 540-day extension or a Federal Register notice extension, but not both at the same time.

Impact on Workers and Families

For many immigrants, the EAD is more than just a work permit—it’s a lifeline. Losing the ability to work can mean losing health insurance, housing, or the ability to support family members. The 540-day extension helps protect workers from these risks by giving them more time to keep their jobs while waiting for USCIS to process their renewals.

Business and Advocacy Group Responses

Business groups and immigration advocates have welcomed the permanent 540-day extension. The American Immigration Council and other organizations say it gives employers more certainty and helps keep skilled workers on the job. Some groups are even calling for a 730-day extension to further reduce uncertainty.

Employers say the longer extension helps them avoid losing valuable employees due to paperwork delays. Advocacy groups point out that the change also reduces stress and financial hardship for immigrant families.

Legal and Practical Considerations

Immigration lawyers stress the importance of filing EAD renewals on time and keeping all documentation. If you miss the deadline, you may not qualify for the extension and could lose your job. Lawyers also remind workers and employers to check the eligibility category on both the old EAD and the Form I-797C receipt notice to make sure they match.

What Happens Next?

• Continuous Monitoring: USCIS is keeping an eye on processing times and may adjust policies if needed to address backlogs.
• Calls for Longer Extensions: Some advocacy groups are pushing for a 730-day extension, but as of July 2025, there is no official proposal.
• Policy Stability: The permanent rule gives more stability for workers and employers, but future changes in government or court decisions could affect the policy.

Key Dates and Deadlines

Here’s a summary of important dates for the 540-day EAD extension:

Where to Find Official Information

For the most up-to-date and official information, visit the USCIS Automatic EAD Extension page. This page includes a calculator to check your eligibility and detailed instructions for both workers and employers.

You can also contact the USCIS Contact Center at 1-800-375-5283 for help or check the USCIS SAVE Program for more information about verifying work authorization.

Analysis from VisaVerge.com suggests that the permanent 540-day EAD extension is a major step forward for both immigrants and employers. It reduces the risk of job loss due to slow processing, helps businesses keep skilled workers, and gives families more security. However, it’s still important for workers to file on time and for employers to follow the latest verification rules.

Practical Tips for Workers and Employers

• Workers: Always file your EAD renewal before your current card expires. Keep your Form I-797C receipt notice safe and ready to show your employer. Double-check that your eligibility category matches on both documents.
• Employers: Stay updated on USCIS rules. Use the official calculator or guidance to verify employee eligibility. Accept valid documents and avoid discrimination.
• TPS Beneficiaries and Nonimmigrant Spouses: Follow special instructions and provide any extra documents required.

Looking Ahead

The permanent 540-day EAD extension is expected to remain in place for the foreseeable future, bringing more stability to the immigration system. While some groups are pushing for even longer extensions, the current rule already offers much-needed relief to workers and employers.

If you are affected by these changes, make sure to use official resources and seek legal advice if you have questions about your specific situation. Staying informed and acting early are the best ways to protect your right to work and support your family.

In Summary

The new 540-day EAD extension from USCIS and the Department of Homeland Security is a permanent policy that helps eligible immigrants keep working while their renewal applications are processed. It supports U.S. employers, reduces stress for workers, and brings more certainty to the immigration process. By following the right steps and using official resources, both workers and employers can benefit from this important change.

Learn Today

Employment Authorization Document (EAD) → A government-issued document permitting noncitizens to work legally in the United States.
Form I-765 → Application form used by eligible noncitizens to request or renew employment authorization.
Temporary Protected Status (TPS) → A humanitarian program granting temporary work authorization to nationals from disaster or conflict-affected countries.
Form I-797C → Official USCIS receipt notice confirming acceptance and processing of an immigration application.
Department of Homeland Security (DHS) → U.S. federal agency overseeing immigration, including USCIS and border security enforcement.

This Article in a Nutshell

A permanent 540-day EAD extension now helps thousands of immigrants maintain employment despite USCIS delays, benefiting workers and businesses nationwide.
— By VisaVerge.com