U.S. Citizenship and Immigration Services has ended automatic work-permit renewals for certain applicants whose renewal requests were filed on or after October 30, 2025. The final rule took effect October 14, 2026, and covers specified categories of Employment Authorization Documents.
The change removes a bridge that previously let some workers stay employed while USCIS processed renewals. A card can now expire before its replacement arrives.
Separately, 63 members of Congress led by Representatives Yvette Clarke and Adelita Grijalva asked USCIS to expedite green card applications. They said processing delays can leave some lawfully present immigrants without healthcare coverage as they wait for permanent residency.
The rule appears as document 2026-20955, 91 FR 65306, under CIS No. 2859-26, DHS Docket No. USCIS-2025-0271 and RIN 1615-AD05. The Federal Register notice establishes an exception when another law, regulation or Federal Register notice provides otherwise.
The prior system allowed some timely renewal filers to continue working during adjudication. Which applicants retain that protection depends on their category and filing date.
Renewals in five categories lose the automatic bridge
| Renewal group | Category code | Effect of the rule |
|---|---|---|
| Adjustment-of-status applicants | (c)(9) | No automatic extension for covered renewal applications |
| H-4 spouses | (c)(26) | No automatic extension for covered renewal applications |
| Asylum applicants | (c)(8) | No automatic extension for covered renewal applications |
| Refugees and asylees | (a)(3), (a)(5) | No automatic extension for covered renewal applications |
| TPS beneficiaries | (a)(12), (c)(19) | Separate Federal Register notices may provide extensions |
Renewal applications filed before the cutoff remain eligible for prior automatic extensions if they met the rules then in force. E and L spouses remain work-authorized incident to status.
F-1 students in STEM Optional Practical Training keep a separate 180-day automatic extension mechanism. STEM OPT and cap-gap provisions also remain outside this change. The rule ends an automatic extension, not eligibility to apply for a work permit.
A delayed decision can force a worker to stop
Before the rule, certain applicants who timely filed Form I-765 received an extension while USCIS considered the renewal. The agency first allowed up to 180 days, then expanded the extension to as much as 540 days to address delays and prevent gaps in work authorization.
Employers can no longer count on that extension when a covered application remains pending beyond the current card's expiration. Adjustment applicants and H-4 EAD holders may have to stop working until USCIS approves the renewal and issues a new card.
The gap can disrupt staffing and employment. Employers may also need to handle additional I-9 reverification, especially in categories where adjudication often takes several months.
The impact may reach Indian families with H-1B workers and H-4 spouses. Eligible spouses can obtain work authorization, but a delayed renewal could temporarily keep them from working. Employment-based green card applicants, including Indian nationals facing long-standing visa backlogs, are also among those who may encounter renewal delays.
DHS says fresh screening outweighs temporary lapses
The final rule answers comments on an interim final rule DHS issued in 2025 and adopts its provisions without substantive change. The department says ending the extensions strengthens benefit integrity and allows vetting before granting another period of work authorization.
“DHS believes this approach is nevertheless justified as it will enhance program integrity and better protect public safety and national security.”
DHS made that case in response to objections that workers could face temporary lapses. It said USCIS should renew vetting, assess any new derogatory information and determine whether an applicant remains eligible. The department said the security and integrity benefits outweigh the risk of a lapse.
USCIS generally recommends filing a renewal no more than 180 days before a card expires. It does not bar earlier filing. DHS said early submission, with all evidence included, may reduce the chance of a lapse or shorten one, though it may not prevent a gap in every case.
The agency also pointed to presidential directives. E.O. 14159, titled Protecting the American People Against Invasion, directs DHS, working with the secretaries of state and attorney general, to prevent employment authorization for unauthorized aliens. E.O. 14161 calls for vetting and screening people in the United States “to the maximum degree possible.” Presidential Proclamation 10949 directs DHS to ensure people already in the country do not support foreign terrorists or bear hostile attitudes toward U.S. citizens, culture, government, institutions or founding principles. The directives were issued on Jan. 29, 2025, Jan. 31, 2025, and June 4, 2025, respectively.
Commenters argued that eliminating extensions would add administrative work without speeding decisions. One called it a “guaranteed administrative failure.” Others warned that applicants could lose the ability to support themselves through no fault of their own, while employers filled staffing gaps.
Some comments pointed to potential worker shortages in California, Texas and Florida, which together have more than 1.5 million workers eligible for extensions. DHS said work authorization is discretionary and that security concerns outweigh the effects on applicants and employers.
The interim rule was designated economically significant because its annual effects on the economy could exceed $100 million in any year of analysis. The Office of Management and Budget reviewed it. DHS said it could not estimate how many renewal applicants would be affected, including the population that might be impacted if recent external actions did not eliminate the backlog.
Previously extended cards remain valid under the rule. DHS also said there are no quantifiable effects on applicants or employers when USCIS approves a renewal before the existing card expires.
Other immigration actions moved on separate tracks
DHS also proposed removing 8 CFR 214.1(c)(5), a provision that generally tells USCIS to defer to an earlier approval when it reviews an extension request involving the same facts. The proposal is not in effect. If finalized, officers could weigh prior approvals but would no longer have to begin from a position of deference; comments are due November 13, 2026.
A separate interim rule on refugee status shortened the response window for a Notice of Intent to Terminate from 30 days to 10 days. It took effect upon publication, with comments accepted for 30 days.
The EAD policy is also distinct from litigation over the administration's $100,000 H-1B fee. U.S. District Judge Haywood S. Gilliam Jr. vacated policies implementing the fee on September 30, and the administration appealed to the Ninth Circuit on October 9. A joint case management statement is due October 20, ahead of a conference scheduled for October 27.
