Por Pedro Bianco
En esta noticia
The U.S. government confirmed the end of a benefit that until now allowed many immigrants to keep working while they waited for their work permit renewal.
Through a final rule published by the Department of Homeland Security (DHS) and carried out by USCIS, the automatic extension of up to 540 days that took effect when the renewal was filed for the employment authorization document (EAD) was eliminated. The change is significant for those who depend on that permit to work, because it affects the continuity of their authorization.
Confirmed by USCIS: Automatic Extension of Work Permits by Up to 540 Days Ends
Until now, when a person filed a timely renewal of their work permit, their authorization was automatically extended for up to 540 days while USCIS processed the case. That allowed them to keep working without interruption even if the document expired. Under the new rule, that automatic extension no longer applies: employment authorization will no longer be extended automatically simply because the renewal was filed.
The final rule was published on Oct. 14, 2026, and reaffirms, without changes, an interim rule that had been in effect since October 2025. In formal terms, it adds a provision stating that an EAD that is expired or about to expire will not be automatically extended by a filed renewal on or after Oct. 30, 2025, unless another law or an official notice says otherwise.
Simply filing the renewal no longer guarantees the ability to keep working while the case is being processed. If USCIS is delayed, there may be a period without work authorization.
What Renewing Workers Need to Do
The main recommendation in light of this change is to plan ahead. Some practical steps:
- File the renewal as early as possible within the USCIS window for doing so before the expiration date (generally up to 180 days in advance) to reduce the risk of losing authorization.
- Check the EAD expiration date and processing times well in advance to plan accordingly.
- Check whether you have another basis to work authorization that does not depend on the expired EAD.
- If there are questions about the category or the specific situation, consult an immigration attorney before the permit expires.
- For employers, it is advisable to keep a record of EAD expiration dates and consider the possible need to reverifiy employment authorization (Form I-9).