The Department of Homeland Security has finalized a rule that ends automatic extensions of work permits for many immigrants, a change that could leave workers without authorization while their renewal applications remain pending.
The rule is scheduled for publication in the Federal Register on October 14, 2026, and makes permanent a policy first introduced in 2025.
Under the final rule, filing a timely renewal application generally no longer allows eligible workers to keep working automatically after their existing employment authorization document expires.
Most affected applicants must now receive approval from US Citizenship and Immigration Services before they can obtain renewed authorization.
The policy affects groups including certain asylum applicants, adjustment-of-status applicants and spouses of H-1B visa holders.
According to immigration law firm Erickson Immigration Group, the rule generally applies to EAD renewal applications filed on or after October 30, 2025.
Automatic extensions granted under earlier regulations remain valid for eligible applications filed before the policy change.
Backlogs and Legal Challenge
The previous extension system was designed to prevent workers from losing their jobs because of administrative delays.
During periods of heavy processing backlogs, eligible applicants could receive extensions lasting as long as 540 days while USCIS reviewed their renewal requests.
The administration has defended the policy change as a way to strengthen eligibility assessments and security screening.
DHS says ending automatic extensions allows officials to conduct updated reviews before authorizing continued employment.
Despite the change, applicants continue to face substantial processing delays.
According to agency data cited by Bloomberg Law, more than 432,000 employment authorization renewal applications had been pending for at least six months as of June 30, 2026, including more than 91,000 that had remained unresolved for over 18 months.
Most applicants cannot submit renewal applications more than 180 days before their current documents expire, limiting the time available to obtain a decision before existing authorization ends.
The combination of processing delays and the removal of automatic extensions could leave affected workers temporarily unable to work.
Employers may also face staffing interruptions, employee absences and additional requirements for monitoring employment eligibility through Form I-9 compliance procedures, according to Erickson Immigration Group's analysis.
Workers who depend on EAD renewals may need to plan around the possibility of authorization gaps.
The policy is also facing a legal challenge.
In January 2026, a group of H-4 visa holders sued DHS, arguing that the decision to eliminate the longer automatic extension period violated the Administrative Procedure Act.
In September 2026, a federal judge in California issued a limited injunction blocking enforcement of the interim rule against the plaintiffs involved in the lawsuit.
The court found that DHS had not adequately followed procedural requirements or addressed the reliance interests of affected individuals.
The litigation remains ongoing, and the limited injunction applies to the plaintiffs in the case rather than establishing a general exemption for all affected workers.
DHS's final rule was scheduled to take effect upon publication in the Federal Register on October 14, 2026.
Separately, Bloomberg Law reported on October 13, 2026, that DHS had proposed eliminating a policy requiring officials to defer to previous approvals when reviewing extension requests for H-1B employees and other workers with temporary immigration status.
The proposal would restore a stricter review approach used during President Donald Trump's first term.
The Biden administration restored prior deference through guidance in 2021, and a 2024 overhaul of H-1B regulations incorporated the policy into formal rules.
The newly proposed change would subject extension requests to additional scrutiny even when the circumstances surrounding a foreign worker's employment have not changed.
