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The U.S. Department of Homeland Security has finalized a rule ending automatic extensions for certain work permits, a policy that affects immigrants waiting for their renewal applications to be processed. The final rule was published on October 14, 2026, and confirmed a measure that has been in effect since October 2025.

Under the policy, filing a renewal application no longer automatically allows eligible immigrants to keep working after their current Employment Authorization Document expires.

Applicants must receive approval from U.S. Citizenship and Immigration Services before continuing to work if their existing authorization expires while the renewal is pending.

Who is affected by the new work permit rule?

The restriction applies to certain categories of immigrants who renew their Employment Authorization Documents using Form I-765. Previously, eligible applicants could receive an automatic extension of up to 540 days while USCIS reviewed their renewal requests.

The change applies to renewal applications properly filed on or after October 30, 2025. Applications received before that date may still qualify for automatic extensions under the previous rules, provided they meet the eligibility requirements.

This distinction is important because the rule does not cancel existing work permits or prevent immigrants from applying for renewals. Instead, it removes the automatic extension that previously allowed certain applicants to continue working while waiting for USCIS to make a decision.

What happens if a work permit expires before USCIS approves the renewal?

Immigrants whose EADs expire while their renewal applications are still pending generally must stop working until USCIS approves the new authorization, unless they qualify for an exception. A receipt notice confirming that the agency received Form I-765 is no longer enough to extend their work authorization automatically.

However, the rule preserves certain exceptions. These include extensions required by law or provided through specific Federal Register notices, such as some employment documents connected to Temporary Protected Status (TPS). Automatic extensions granted before October 30, 2025, are also unaffected.

Under the policy, filing a renewal application no longer automatically allows eligible immigrants to keep working after their current Employment Authorization Document expires.
Under the policy, filing a renewal application no longer automatically allows eligible immigrants to keep working after their current Employment Authorization Document expires.

USCIS recommends filing Form I-765 up to 180 days before the current work permit expires. Applying early can give the agency more time to process the request, although it does not guarantee approval before the expiration date.