US ends 540-day automatic work permit extension: What Indian workers need to know

The United States has ended the automatic extension of Employment Authorisation Documents (EADs) for certain immigrants awaiting approval of their work permit renewal applications.

The Department of Homeland Security (DHS) has finalised a rule that makes permanent a policy introduced in October 2025, removing the provision that allowed eligible applicants to continue working for up to 540 days after their existing work permits expired.

The move could affect foreign nationals working in the US, including Indian professionals and the spouses of H-1B visa holders who depend on employment authorisation to remain employed. The final rule reinforces the requirement for applicants to receive approval from US Citizenship and Immigration Services (USCIS) before their employment authorisation can be extended.

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What has changed under the new rule?

Previously, eligible immigrants who filed their EAD renewal applications on time could receive an automatic extension while USCIS processed their applications. The extension period was increased to as much as 540 days to help workers avoid losing their jobs because of administrative delays and processing backlogs.

Under the revised policy, renewal applications filed on or after October 30, 2025, generally no longer qualify for automatic extensions. Applicants must wait for their renewed employment authorisation to be approved before continuing to work beyond the validity of their existing documents.

According to the DHS, the policy change is intended to strengthen background checks, security screening and eligibility reviews before employment authorisation is extended.

Who will be affected?

The rule could affect several categories of foreign nationals who require EADs to work legally in the US. These include certain applicants seeking adjustment of immigration status, eligible asylum applicants and H-4 visa holders, including spouses of H-1B professionals who qualify for employment authorisation.

Indian professionals and their families could face difficulties if their existing work permits expire before USCIS approves their renewal applications. H-4 EAD holders, in particular, may have to stop working temporarily if their authorisation expires and their renewal remains pending.

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What should applicants do?

The change makes timely renewal applications and careful monitoring of processing timelines more important. USCIS advises applicants to file their EAD renewal applications as early as permitted, generally up to 180 days before their existing documents expire.

Workers should also coordinate with their employers and check the status of their applications to reduce the risk of employment interruptions.

Importantly, the rule does not cancel automatic extensions that were already granted under the earlier provisions for eligible applications filed before October 30, 2025. Certain extensions provided separately under the law or specific notices for Temporary Protected Status (TPS) may also remain applicable.