Leverage USCIS’ New 540-Day EAD Extension Rule to Avoid Gaps in Employment Authorization
A new USCIS rule permanently increases the automatic extension period for certain Employment Authorization Document (EAD) renewals from 180 days to 540 days. This change will help reduce gaps in employment authorization for qualifying applicants during work permit renewals.
Key Details About the Employment Authorization Document Extension
Who Benefits
Any individual who files a timely Form I-765 renewal application (on or after May 4, 2022) may qualify for this extended 540-day automatic work authorization.
Effective Date
The final rule took effect on January 13, 2025—30 days after its publication in the Federal Register.
Why It Matters
Extending automatic work authorization up to 540 days helps employees maintain continuous employment and offers greater operational stability for employers.
Employer Tip
If your workforce includes EAD holders, review upcoming expiration dates and encourage employees to submit renewals as early as possible—up to six months before expiration—to avoid any interruption in work authorization.
Bottom Line
While this permanent rule eases the pressure of rapidly approaching EAD expiration dates, timely filings remain essential. Submitting Form I-765 well in advance is still the best way to ensure uninterrupted employment authorization and avoid many headaches. Need help with your work permit renewal? Contact our employment immigration attorneys at DeWit Immigration Law today.
Author Bio
Jose Carlos de Wit, Founder, and Lead Attorney at De Wit Immigration Law, P.A., practices all areas of U.S. employment immigration and nationality law. A UC Berkeley Law graduate and Guatemalan immigrant, Jose brings firsthand experience to his work. He focuses on representing entrepreneurs, investors, startups, and outstanding individuals in employment-based visa petitions.
Jose’s extensive litigation experience includes cases in immigration court, the Board of Immigration Appeals, and federal courts. Before founding his firm, he practiced commercial litigation and immigration law at boutique and large international firms. A former award-winning newspaper reporter, Jose is fluent in English and Spanish.
