The 540-day extension provided an automatic extension for the pending renewal of Employment Authorization Documents (EADs), but the new rule under the Department of Homeland Security (DHS) ended this extension for individuals applying for renewal after October 30, 2025, with some exceptions.
If you experience a delay or denial of your EAD and want help contesting the decision or determining another path for immigration in the U.S., contact a Chicago employment immigration attorney by calling Khalaf & Abuzir, LLC at 708-233-1122.
How Does the New 540-Day EAD Automatic Extension Rule Affect Chicago Immigrants?
According to data from the U.S. Bureau of Labor Statistics from one recent year, foreign-born workers comprised 19.2% of the American workforce. To legally work in the U.S., workers require an EAD that documents them as employees in the U.S.
Without the EAD, immigrant workers are unable to remain the country via work-related immigration, but the government introduced a 540-day rule in May 2022 that allowed some workers to remain the country and continue working for up to 540 days after their EAD’s expiration, provided they already applied for renewal ahead of the expiration. This 540-day extension replaced the shorter 180-day extension in place prior to 2022.
However, under the Trump administration, the 540-day rule has changed as of October 30, 2025, ending automatic extensions for individuals if they filed for renewal on or after this date. This rule affects most immigrants across various categories, such as C3A, C3B, and C3C Adjustment of Status applicants, as well as C8 applicants.
The following are among the groups this rule change will impact moving forward:
- Green card applicants and other adjustment of status applicants
- Asylum applicants
- H-1B visa holders and H-4 spouses
- Immigrants with Temporary Protected Status (TPS)
- Self-petitioners under the Violence Against Women Act (VAWA) and their children
However, there are exceptions to this new rule. Specifically, individuals may be unaffected if they receive extensions under law or a Federal Register notice.
Why Are EAD Applications Still Facing Delays and Denials in Chicago?
Many immigrants in Chicago may still experience delays and denials when applying for an EAD or a renewal of their existing EADs under the new rule.
Reasons for Chicago Employment Authorization Delays
There are many reasons immigrants may see delays when applying for EADs or renewals. One of the most common reasons is high volume and backlogs, as USCIS often sees a large number of applications while experiencing staffing shortages.
When USCIS sends an RFE to applicants, the 90-day processing clock also temporarily pauses until the applicant submits the documents detailed in the RFE.
Another factor leading to delays is an in-depth background check, which could take more time, depending on the individual. Delayed biometric scheduling is another issue that can prevent applications from going through.
Reasons for Denials
In some cases, USCIS may also deny EAD applications. One common reason is the failure to respond to RFEs. Applicants may fail to submit requested documents within 30 to 60 days of the request, leading to an automatic denial.
Applicants may also be generally ineligible because of the failure to meet key criteria under a particular EAD category. Misrepresenting facts on Form I-765 or providing overall false and outdated information could lead to a denial if the information doesn’t match other documentation.
Whether you experience a delay or a denial with your EAD application, an experienced Chicago employment immigration lawyer may be able to help you expedite your case, reverse a decision to deny your application, or determine other ways to gain lawful employment and residence in the U.S.
What Can Chicago Immigrants Do If Their EAD Is Delayed or Denied Under the 540-Day Rule?
There are steps that immigrant workers may be able to take if they experience a delay or denial when applying for an EAD or a renewal of their current EAD.
Check Processing Times
If you’re experiencing a delay, you can determine whether your case falls outside the normal processing time for your EAD category by visiting the USCIS website.
Consult a Chicago Immigration Lawyer for EAD Issues
It’s often in your best interest to consult an experienced employment immigration or H-1B visa lawyer for help with your case.
The right lawyer may be able to contact USCIS and take steps to speed up the application process, or he or she may be able to gather evidence to prove that USCIS made an error that resulted in a denial of your application.
Attorneys may also be able to help you avoid deportation or find alternative paths for immigration, such as determining whether you can get married while on a work visa for family-based immigration.
Need help with a work immigration case? The Chicago immigration lawyers here at Khalaf & Abuzir, LLC may be able to assist you. Contact an immigration lawyer today to find out how we could do for you.
FAQs
Does the 540-day EAD rule guarantee work authorization approval for Chicago immigrants?
The 540-day EAD automatic extension does not guarantee the approval of work authorization for immigrants. Instead, this rule had the purpose of temporarily extending approved EADs with pending renewals.
What are the most common reasons EAD applications are denied despite the 540-day extension?
There are several reasons USCIS may deny EAD applications regardless of the 540-day rule, such as incorrect filing categories (e.g., “Initial” instead of “Renewal”), failure to file before an EAD expires, disqualification of applicants, and failure to respond to requests for evidence (RFEs).
When should a Chicago immigrant contact an immigration attorney about an EAD delay or denial?
If USCIS wrongfully delayed or denied your EAD, an attorney may be able to reverse the decision with evidence proving that an error occurred to result in the delay or denial. An attorney could also identify other paths immigrants might take to work and live in the U.S.
