Share on LinkedInShare on LinkedIn

ARTICLE · 26 APRIL 2024

DHS: Automatic Extension Of Work Authorization For Certain Renewal Applicants

Jackson Lewis P.C.
Jackson Lewis P.C.
Contributor
Jackson Lewis P.C.

Jackson Lewis P.C.

Focused on labor and employment law since 1958, Jackson Lewis P.C.’s 950+ attorneys located in...

View firm profile
Explore more from Jackson Lewis P.C.

Good news for those applying for or with pending Employment Authorization Document (EAD) renewals. DHS is temporarily reinstituting its 540-day automatic extension of work...

United StatesImmigration
Amy Peck
Amy Peck

Good news for those applying for or with pending Employment Authorization Document (EAD) renewals. DHS is temporarily reinstituting its 540-day automatic extension of work authorization for eligible individuals.

Although DHS has streamlined its EAD process and extended EAD validity periods for certain applicants from two years to five years, the government still struggles to timely process EAD applications that has resulted in processing times that are still too long. Up to 800,000 employees were in danger of employment gaps. Accordingly, DHS resumed the 540-day automatic extension for qualifying petitions that were filed on or after Oct. 27, 2023.

USCIS is considering making the new 540-day rule permanent and is accepting comments on the topic until June 7, 2024.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Department Of State Announces Compliance With Court Order Ending Diversity Visa Issuance Pause

Following a federal court order in Medani v. Trump, the U.S. Department of State has resumed issuing Diversity Immigrant Visas after a nine-month pause that began in December 2025. DV-2026 selectees now face a critical deadline of September 30, 2026, to complete their visa processing or permanently lose their opportunity for permanent residence through the diversity visa lottery program.
United StatesImmigration
Greenberg Traurig
Greenberg Traurig
Article

DHS Proposes $70,000 And $30,000 Fees For F-1 Optional Practical Training

The Department of Homeland Security has proposed a controversial new rule requiring SEVP-certified schools to pay substantial fees—$70,000 for a student's first Optional Practical Training recommendation and $30,000 for each subsequent OPT application, including STEM extensions. With only a 30-day comment period and potential annual costs reaching up to $16.5 billion across nearly 2,500 affected institutions, the proposed regulation is expected to face significant legal challenges if finalized.
United StatesImmigration
Duane Morris LLP
Duane Morris LLP
Article

State Department Updates Diversity, Immigrant Visa Processing Following Federal Court Decisions

Following two federal court decisions, the U.S. Department of State has lifted categorical pauses on immigrant visa issuance for nationals of 75 countries and diversity visa processing for DV-2026 selectees. While these policy changes allow cases to proceed through ordinary adjudication, they do not guarantee visa approval or admission, and timing remains critical as diversity visa eligibility expires September 30, 2026.
United StatesImmigration
Greenberg Traurig
Greenberg Traurig
Article

Revised Form I-485 Takes Effect Sept. 18

USCIS is implementing a revised Form I-485 on September 18, 2026, with no grace period for transition, requiring immediate use of the new edition for all green card adjustment of status applications. The updated form incorporates significant changes related to the Public Charge Ground of Inadmissibility Final Rule, affecting documentation requirements and filing procedures. Employers and immigration sponsors must carefully navigate the hard cutoff date to avoid application rejections.
United StatesImmigration
Jackson Lewis P.C.
Jackson Lewis P.C.