US Department of Homeland Security Ends 540-Day Work Permit Extension

On October 14, 2026, the U.S. Department of Homeland Security (DHS) finalized a rule that officially eliminates the automatic 540-day extension period for certain categories of employment authorization document (EAD) renewals. This policy shift marks a return to stricter administrative timelines, reversing the temporary measures implemented to address massive backlogs within the U.S. Citizenship and Immigration Services (USCIS) system. The removal of this buffer is expected to place immediate pressure on both employers and employees who have grown accustomed to the extended grace period while awaiting government processing.

The decision reflects a broader push by federal authorities to normalize immigration processing timelines and reduce the reliance on long-term automatic extensions. By removing the 540-day safety net, the government is signaling a shift toward requiring applicants to manage their renewal timelines with greater precision. This change comes at a time when USCIS is already facing scrutiny over processing delays, with some work permit renewals for specific categories, such as asylum seekers, reportedly taking over 18 months to adjudicate.

This policy change primarily affects foreign nationals currently working in the United States under specific visa categories that rely on EAD renewals. It also impacts U.S. employers who must now verify the work authorization status of their employees more frequently and ensure that renewal applications are filed well in advance to prevent unauthorized employment status.

Makutet expects this policy shift to create a significant administrative bottleneck for U.S. businesses, likely leading to increased turnover in sectors heavily reliant on foreign labor. We anticipate that the removal of the 540-day extension will force a surge in premium processing requests, further straining the already burdened USCIS infrastructure and potentially leading to a rise in litigation from affected workers.