DHS finalises rule ending automatic 540-day extension of work permits during renewal

Centre · 2The Department of Homeland Security (DHS) issued a rule on Tuesday 13 October 2026 that eliminates the grace period letting immigrants keep working after their work authorisation expires while a renewal application is pending. 1 2 Centre · 2The measure makes permanent an interim final rule DHS issued last year, which ended the 540-day automatic extension adopted under the Biden administration, according to reports citing Bloomberg. 1 2 Centre · 1The extension window had been designed so that immigrant workers would not lose their jobs because of processing delays at US Citizenship and Immigration Services (USCIS). 1

Centre · 2DHS said the change allows more frequent vetting of applicants, and aims to strengthen background checks, security assessments and eligibility determinations before work authorisation is extended. 1 2 Centre · 2The rule affects asylum seekers, some applicants seeking to adjust status, and H-4 visa holders, who are spouses of H-1B workers eligible for work permits, and not only H-1B holders. 1 2 Centre · 1Applicants must now wait for approval of the renewed employment authorisation before working past the expiry of their current documents, so H-4 holders and other Indian professionals' dependents could face temporary interruptions in employment. 2

Centre · 1The Times of India added that extension filings by H-1B and H-4 holders with the same employer and job may now be treated as fresh cases, which it said could mean more denials and requests for evidence; this is the outlet's own assessment. 1 Centre · 1Backlogs are large: as of 30 June, more than 432,000 work permit renewal applications had been pending at USCIS for six months, including more than 91,000 for over a year and a half, and workers cannot renew until 180 days before expiry. 1 Centre · 1A group of H-4 visa holders sued DHS in January, arguing the policy change violated the Administrative Procedure Act, and a California judge last month enjoined the interim final rule for those plaintiffs, finding it did not follow procedural requirements or acknowledge their reliance interests. 1

Centre · 2The two outlets differ on timing: the Times of India says the final rule takes effect after publication in the Federal Register on 14 October with a 30-day public comment period, while Hindustan Times says automatic extensions end for renewal applications filed on or after 30 October 2025, and that extensions already granted for earlier filings, and those under statute or TPS notices, remain. 1 2 Centre · 1USCIS advises applicants to file renewals as early as possible, typically within 180 days before their documents expire. 2