Work & SkillsEntry PF-429158 · Page 23 · Stamped OCT 14, 2026
US Finalises Rule Ending 540-Day Work Permit Extension for Immigrants
USCIS has finalised a rule ending the 540-day automatic extension of employment authorisation for immigrants renewing their work permits, removing a COVID-era grace period that bridged long EAD processing delays.
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- US finalised a rule ending the 540-day automatic work permit extension for EAD renewals
- 540 days equals roughly 18 months of additional employment authorisation beyond an expired EAD
- The change affects asylum applicants, refugees, OPT students, and other EAD-reliant workers
- The EAD renewal process itself is unchanged; only the automatic extension attached to a pending renewal is removed
- The Federal Register entry and USCIS implementation guidance are the authoritative sources for the rule
The United States has finalised a federal rule ending the 540-day automatic extension of employment authorisation for immigrants renewing their work permits.
The rule, issued by US Citizenship and Immigration Services (USCIS), removes a temporary measure that allowed eligible non-citizens to keep working for roughly 18 months while their renewal application sat in agency queues.
The 540-day extension was originally introduced as a COVID-19 era accommodation for immigrants caught between an expired Employment Authorization Document, or EAD, and a slow renewal process.
What did the 540-day extension do?
The automatic extension applied to immigrants who filed a timely EAD renewal application before their existing card expired.
Under that policy, USCIS treated the pending application as evidence of continued work authorisation for up to 540 days past the expiration date of the previous card.
Cardholders therefore did not need to stop working while waiting for a new EAD, even if processing stretched well beyond the original validity period.
The takeaway: the 540-day rule was a bridge that kept workers on the job during long renewal waits.
Who does the change affect?
The change applies to anyone whose legal work authorisation depends on an EAD.
This group includes asylum applicants, refugees, students on Optional Practical Training, and spouses of certain visa categories who qualify for employment.
Applicants who file renewals after the rule's effective date will no longer receive the automatic 540-day grace period.
If their renewal processing takes longer than the validity of their previous EAD, they will face a gap with no legal work authorisation.
The takeaway: affected workers could now face a period of forced unemployment if renewals lag.
What stays the same?
The underlying EAD application process continues unchanged. Eligible applicants still file Form I-765 with USCIS.
USCIS still adjudicates each renewal on its merits and issues new EADs to those who qualify.
The change affects only the automatic extension attached to a pending renewal; it does not alter the categories of immigrants eligible for EADs.
The takeaway: the renewal process itself remains intact; only the safety net has been removed.
How will the transition work?
USCIS typically allows a buffer period between a final rule's publication and its effective date.
The Federal Register notice and accompanying USCIS policy guidance spell out the transition terms, including any carve-outs for applications already in progress.
Readers should check both documents to determine whether their specific case falls under the old or new rule.
The takeaway: the timing of a renewal application relative to the effective date determines which rule applies.
Where can readers verify the change?
The official source is the Federal Register entry publishing the final rule, together with USCIS implementation guidance on the agency's website.
Anyone with a pending EAD renewal should consult an immigration attorney or a Department of Justice-accredited representative before making employment decisions based on the new rule.
This article offers general context only and does not constitute individual legal advice.
The takeaway: the Federal Register and USCIS guidance are the authoritative documents for the change.
via streamlinefeed.co.ke (Original)
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News editor covering money, funding and market shifts around Immigration and mobility policy worldwide at Passport File.
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