US DHS Ends 540-Day Work Permit Extension for Immigrants

The US Department of Homeland Security (DHS) has announced the permanent termination of a policy that allowed immigrants to work for up to 540 days after their employment authorization expired while their renewal applications were pending. This final rule, which will take effect upon publication in the Federal Register on October 14, replaces an interim measure introduced last year that eliminated the automatic extension period established during the Biden administration for specific foreign worker categories.

Previously, the 540-day extension was implemented to protect immigrant workers from losing their jobs due to delays in processing at the US Citizenship and Immigration Services (USCIS). However, the current administration has introduced new regulations that impose stricter conditions on immigrants seeking to maintain or renew their employment authorization. Under the new rule, workers will lose their authorization immediately upon expiration of their permits, even if a renewal application is still pending.

The new policy particularly affects immigrant groups reliant on Employment Authorization Documents (EADs), including asylum seekers and spouses of H-1B visa holders on H-4 visas. DHS claims that the elimination of the extension period will facilitate more frequent vetting of employment authorization applicants, allowing for updated eligibility and security reviews. However, this change raises concerns about job security for many immigrants during the renewal process.

Despite the policy shift, USCIS continues to struggle with a substantial backlog of renewal applications. As of June 30, over 432,000 work permit renewal requests were pending for six months or longer, with more than 91,000 applications awaiting decisions for over 18 months. The new rule restricts foreign workers from applying for renewals more than 180 days before their current permits expire, which complicates their ability to navigate the lengthy processing times.

The recent changes have already prompted legal challenges. A lawsuit was filed in January by a group of H-4 visa holders against the DHS, contending that the decision to abolish the extended automatic grace period violated the Administrative Procedure Act. In a recent ruling, a federal judge in California issued a limited injunction, temporarily blocking the enforcement of the interim rule against the plaintiffs, citing procedural inadequacies by the DHS and a failure to consider the reliance interests of those affected.