The US Department of Homeland Security (DHS) has issued a final rule ending automatic extensions of employment authorisation documents for immigrants whose work permit renewal applications remain pending,
making permanent a policy change introduced under the Trump administration in October 2025, according to Bloomberg Law.
The measure, released on Tuesday, eliminates the 540-day automatic extension period introduced under the Biden administration to prevent immigrant workers from losing their jobs because of processing delays at US Citizenship and Immigration Services (USCIS).
The final rule will take effect upon its publication in the Federal Register on October 14, 2026, the report said.
The policy affects several categories of immigrants, including asylum seekers and spouses of H-1B speciality occupation workers who hold H-4 visas and qualify for employment authorisation.
DHS has said the change will enable more frequent screening and vetting of applicants before their work authorisation is extended.
The October 2025 interim final rule ended automatic extensions for certain employment authorisation document (EAD) renewal applications filed on or after October 30, 2025.
The latest final rule makes that change permanent.
Why The US Ended The 540-Day Automatic Extension
According to the October 2025 announcement by USCIS, the policy change was intended to prioritise background checks and screening before extending employment authorisation.
In its October 2025 statement, USCIS said, “The Department of Homeland Security has announced an interim final rule ending the practice of automatically extending employment authorisation documents for aliens filing renewal applications in certain employment authorisation categories.”
The agency added that ending automatic extensions would allow it to review applicants’ backgrounds more frequently, helping it “deter fraud and detect aliens with potentially harmful intent so they can be processed for removal from the United States.”
USCIS Director Joseph Edlow defended the measure, saying, “USCIS is placing a renewed emphasis on robust alien screening and vetting, eliminating policies the former administration implemented that prioritised aliens’ convenience ahead of Americans’ safety and security.”
Edlow also said, “It’s a commonsense measure to ensure appropriate vetting and screening has been completed before an alien’s employment authorisation or documentation is extended. All aliens must remember that working in the United States is a privilege, not a right.”
The Biden-era automatic extension was designed to protect workers from employment interruptions while USCIS processed their renewal applications.
Under the previous arrangement, eligible applicants could receive an automatic extension of up to 540 days while awaiting a decision.
More Than 432,000 Work Permit Renewal Applications Pending
The policy change comes amid substantial delays in processing work permit renewals. As of June 30, more than 432,000 renewal applications had been pending at USCIS for at least six months, according to Bloomberg Law.
Of these, more than 91,000 applications had been pending for over a year and a half.
The delays could leave workers vulnerable to a gap in employment authorisation if their existing documents expire before USCIS decides their renewal applications.
Under the revised policy, filing a renewal application no longer automatically extends the validity of an eligible applicant’s expiring or expired work permit.
Foreign workers can apply to renew their employment authorisation documents only within 180 days of their expiry date, according to the report.
In its October 2025 announcement, USCIS recommended that applicants file renewal applications as early as possible, up to 180 days before their EADs expire.
“The longer an alien waits to file an EAD renewal application, the more likely it is that they may experience a temporary lapse in their employment authorisation or documentation,” the agency said.
H-4 Visa Holders Challenge The Policy In Court
The policy has also faced a legal challenge from spouses of H-1B visa holders.
According to Bloomberg Law, a group of H-4 visa holders sued DHS in January, arguing that the policy change violated the Administrative Procedure Act (APA).
The challenge concerned the administration’s decision to end automatic extensions through an interim final rule.
A California judge last month issued an injunction preventing the interim final rule from applying to those plaintiffs.
The judge found that the rule had failed to meet procedural requirements and had not adequately acknowledged the plaintiffs’ reliance interests.
The legal challenge highlights the difficulties faced by workers whose employment authorisation depends on timely decisions by immigration authorities, particularly when renewal applications remain pending for extended periods.
Who Is Exempt From The New Work Permit Rule?
The October 2025 USCIS announcement clarified that the interim final rule did not affect employment authorisation documents that had already been automatically extended before October 30, 2025.
It also specified limited exceptions for extensions provided by law or through Federal Register notices, including certain employment documentation associated with Temporary Protected Status (TPS).
The final rule announced in October 2026 makes permanent the end of automatic extensions for affected renewal applications.
Immigrants applying to renew their work permits should therefore not assume that filing an application will allow them to continue working beyond the expiry date of their existing authorisation.
USCIS has advised eligible applicants to submit renewal applications up to 180 days before expiry to reduce the likelihood of a temporary interruption in their employment authorisation.
