While the new 540-day EAD extension policy offers relief for many, concerns over implementation, administrative hurdles, and the incoming Trump administration’s stance leave visa holders cautiously optimistic.
In the complex web of the U.S. immigration cycle, there are few instances when visa holders receive good news. Recently, however, when the Department of Homeland Security (DHS) announced the 540-day automatic extension of expiring employment authorization documents as a permanent policy—replacing the existing 180-day extension — the news was met with cautious optimism within the visa community.
This permanent change, implemented through the regulatory process, has been welcomed by most legal experts. However, there is increased scrutiny among H-4 EAD holders regarding what the rule will mean in the long run. Questions have arisen about eligibility criteria and, most importantly, whether the new administration will uphold the policy.
“This final rule is a relief for anyone working based on an employment authorization document (EAD),” Poonam Gupta of Summit Legal PLLC, headquartered in Greenville, New York, told The American Bazaar. “USCIS is finally acknowledging the real-world complexities and the impact on people’s lives caused by potential delays in immigration processing and is providing a solution. The rule adds a meaningful buffer zone for any individual on an EAD to retain their jobs, maintain financial stability, reduce anxiety, and lessen the uncertainty regarding potential gaps in employment authorization due to USCIS processing delays.”
As soon as the news broke, discussions erupted in social media groups dedicated to immigration and H-4 topics, focusing on the eligibility criteria and how the new policy differs from the previous one.
Attorney Rahul Reddy of Reddy Neumann Brown PC in Texas explained to The American Bazaar how the new 540-day update works, providing background on the existing policy. “When the EAD expires, for adjustment of status, and an individual files for the extension, if the EAD does not get approval, then the individual has to stop working,” he said. “Previously, one could not file the extension unless it was within the six-month window. The extension period was increased to 180 days, allowing individuals to work during that time if they applied before the EAD expired. It has now been extended to 540 days, which is a great relief for people as EADs are often delayed by USCIS or not received on time.”
READ: EAD automatic extension period permanently increased to 540 days (December 11, 2024)
Still, some in the community think it is too early to rejoice, as uncertainties remain around certain aspects of the policy.
“Since it’s still early days for the policy, there are certain questions about how exactly we can ensure that this policy benefits those holding jobs on H-4 EAD,” said Nidhi Verma, an IT consultant currently on an H-1B visa. “For instance, if the I-94 expires sooner, what would happen in such a case?”
California-based immigration consultant Netra Chavan offers clarification for such scenarios. “The statement ‘Up to 540 days, or expiration date on I-94, whichever is sooner’ means that an H-4 visa holder’s EAD extension will last for a maximum of 540 days or until the expiration date on their I-94, whichever comes first. If the I-94 expires in 300 days, the EAD extension will only be granted for 300 days, not the full 540 days.”
The news has also been met with great interest by employers, which is understandable, according to attorney Gupta, as it alleviates some of their burdens.
“For employers, this is a boon as it allows them to retain productive employees and minimize business disruption,” she said. “Overall, the extended automatic extension period is a welcome change that enhances the stability and security of workers and their employers.”
However, some H-4 EAD holders feel the benefits are not equally accessible to everyone.
“I am on H-4 EAD and have applied for both H-4 and H-4 EAD extensions,” said Sucheta, who requested her last name be withheld for privacy reasons. “My spouse’s H-1B is also under extension, but the new ruling means I can only continue my job based on various conditions, such as my spouse’s visa getting approved and my H-4 being approved. I feel overwhelmed thinking about how closely I’ll need to monitor all these scenarios. While the rule is welcome, it also means visa holders continue to spend a significant portion of their productive lives maintaining various dates and documents to ensure their legal status.”
Chavan acknowledges these challenges and highlights additional hardships visa holders may face. “The rule does not fully address the ongoing issue of USCIS processing delays and adds extra administrative responsibilities for employers who must track I-94 and EAD renewal timelines,” she said. “While the change aims to reduce employment gaps and enhance certainty for businesses, it introduces challenges in managing legal compliance.”
She also pointed out that “H-4 visa holders cannot apply for an EAD online and must submit a paper application using Form I-765. This requires sending physical documents to USCIS,” which can lead to further delays.
“The recent DHS rule extending EAD renewal times does not change the requirement for H-4 holders to apply on paper,” she said. “It’s important to ensure the application is filed correctly and on time to avoid issues with employment authorization.”
Reddy also cautioned that while the rule is good news, it may not be without limitations. “It must be noted that the rule has been extended for H-4 EADs where the H-4 is extended and the H-4 EAD extension is filed,” he said. Reddy emphasized that a key condition is that the H-4 must first be approved.
He pointed out that there are potential solutions for addressing these challenges. “In such cases, the spouse can travel to, say, Mexico and, based on their spouse’s H-1B, they can get their I-94 extended,” Reddy explained. “They can also go for stamping when the extension is pending, based on the stamping.”
An increasing query that has been surfacing on immigration chat boards is the future of the new ruling under the incoming Trump administration.
“I am holding on to the news for now and not getting too optimistic because, in less than two months, we will have a new administration that has been very critical of the H-4 EAD provision in the past,” said Jyoti Sarna, a Seattle-based H-4 EAD holder.
It is worth noting that during the first Trump administration, a proposed regulation sought to remove H-4 dependent spouses from the class of aliens eligible for employment authorization. This created widespread fear and uncertainty, especially among many Indian holders of H-4 EADs.
However, Reddy offered a more optimistic perspective, suggesting that the situation may not be as dire as feared. “Hopefully, it may not be undone by the Trump administration because, to do so, they would need to go through Congress. They may attempt this, but it probably won’t be a high priority for them,” he said.