The Department of Homeland Security (DHS) issued a final rule eliminating the automatic 540-day grace period for immigrant work authorizations or EADs while renewal applications are pending. The measure made an interim rule the DHS issued a year ago permanent. This ended the 540-day automatic extension policy which the Biden administration adopted. The DHS claims that this change will increase security for the associated programs.
The original intent of the extension program was to allow immigrant workers to keep their jobs in spite of any processing delays at U.S. Citizenship and Immigration Services (USCIS). The Trump administration has been repeatedly taking steps to make employment authorization for immigrants much more difficult, however.
As of June 30th, over 432,000 work permit renewal applications were pending as USCIS for at least six months. More than 91,000 of these applications – over a fifth – were pending for more than three times as long. Exasperating the issue is that the affected workers are ineligible to re-up the documents until 180 days before their expiration date.
The DHS was sued by a group of H-4 visa holders in January 2026. They argued the policy goes against the Administrative Procedure Act. A federal judge in California enjoined the interim final rule for the plaintiffs, as it did not follow procedures correctly, nor did it acknowledge the reliance interests of plaintiffs.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.