DHS Rule Boosts Work Authorization Validity

On Dec. 13, the U.S. Department of Homeland Security finalized a rule to permanently extend the validity of Employment Authorization Documents (EADs) for certain renewal applicants from 180 days to 540 days. This change, following temporary rules in 2022 and 2024, aims to prevent eligible renewal applicants from experiencing lapses in employment authorization due to prolonged U.S. Citizenship and Immigration Services (USCIS) processing times. In response to the final publication, SHRM’s Chief of Staff and Head of Government Affairs Emily M. Dickens stated, “SHRM applauds the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) for the publication of a final rule ... This critical step addresses a significant barrier in the U.S. workplace immigration system by helping to prevent unnecessary lapses in work authorization due to processing delays.” 

Throughout its workplace immigration advocacy, SHRM has emphasized that processing delays and unpredictability remain top challenges for employers navigating the U.S. immigration system. Dickens continued, “SHRM has long advocated for automatic EAD renewals as a vital solution to mitigate disruptions caused by prolonged adjudication timelines. The success of the previous temporary 540-day extension in improving processing efficiency without compromising system integrity demonstrates the effectiveness of this approach, and we commend DHS for making this improvement permanent.” 

SHRM will continue to champion immigration policies that remove unnecessary barriers to attracting and retaining top talent, particularly individuals educated and trained in the U.S. Employers must have access to the most qualified candidates to fill open positions and drive economic growth.