The Department of Homeland Security (DHS) and USCIS are introducing a key change that will positively benefit thousands of immigrant workers. This modification is based on the automatic extension of work permits through Form I-765. As part of safeguarding national security, the Employment Authorization Document (EAD) can now be renewed for up to 540 days. Despite Donald Trump’s policies, this is a major step forward for US immigration management.
Changes that will benefit thousands of immigrant workers
The renewal of work permits in the United States has undergone key changes that will benefit thousands of immigrant workers. Effective January 13, 2025, a new final rule from the Department of Homeland Security (DHS), published by U.S. Citizenship and Immigration Services (USCIS), permanently extends the automatic employment authorization period from 180 to 540 days, with the aim of mitigating the negative effects of lengthy processing times.
Changes with the renewal of work permits in 2025
The most significant change is the increase in the automatic extension period for certain applicants renewing their Employment Authorization Document (EAD). This measure allows individuals who renew their work permits in a timely manner to continue working legally for up to 540 additional days while their application is being processed.
According to USCIS, this rule applies to:
Renewal applications filed on or after May 4, 2022.
Applications pending as of January 13, 2025.
With this adjustment, USCIS seeks to reduce work interruptions for workers affected by delays, protecting their economic stability and avoiding legal complications related to their immigration status.
Important requirements to avoid processing delays
USCIS has emphasized the importance of complying with all requirements when submitting an application. One of the aspects that most often causes delays is failure to comply with photo requirements.
Photographs must be unmounted and free of any digital retouching. If they do not meet the requirements, USCIS may request an appearance at an Applicant Support Center for identity verification.
Who can apply for a work permit using Form I-765?
Form I-765 is intended for certain foreign nationals whose immigration status allows them to work in the United States. It can be used both by those who require an EAD and those who wish to renew an existing one.
Options for submitting the application:
- Online: by creating an account on the official USCIS website.
- Physically: by mailing the form to the appropriate address.
Once the application is approved, USCIS will send the new permit to the address registered by the applicant.
USCIS recommends that applications be submitted well in advance to avoid gaps in work authorization. Automatic extension only applies if the established deadlines and conditions are met, so it is vital to review the validity periods and act in advance.
More key information from Form 1-765
If you filed Form I-765, Application for Employment Authorization, to renew your expiring EAD, you may qualify for an up-to-540-day automatic extension of the expiration date printed on your EAD while your application is pending. You qualify for this automatic extension if:
- The Form I-797C, Notice of Action, receipt notice you received for your pending Form I-765 renewal application has a “Received Date” that is before the “Card Expires” date shown on the face of your EAD;
- The Form I-797C, Notice of Action, receipt notice has a “Received Date” on or after May 4, 2022, or, the Form I-797C, Notice of Action, receipt notice has a “Received Date” before May 4, 2022, but the Form I-765 renewal application was pending on May 4, 2022;
- Your renewal application is under a category that is eligible for an automatic extension (see the list of categories below); and
- The category on your current EAD matches the “Eligibility Category” or “Class Requested” listed on your Form I-797C, Notice of Action, receipt notice. (The table below lists exceptions for certain categories.)
If all the above factors are true, then your employment authorization or EAD, or both, are automatically extended for up to 540 days while your EAD renewal application is pending, except in the case of TPS-based EAD renewal applications pending or filed on or after July 22, 2025 .
