DHS makes permanent the end of automatic extensions of U.S. work permits
Washington — The Department of Homeland Security (DHS) published on October 14 the final rule permanently ending automatic extensions of Employment Authorization Documents (EADs) for renewals filed on or after October 30, 2025. The rule, published in the Federal Register as 91 FR 65306 and effective that same day, adopts without changes the interim rule DHS had issued on October 30, 2025.
The change is practical and direct: for renewals filed on or after that date, the Form I-765 receipt notice (Form I-797C) no longer extends work authorization while the agency decides the case. If the card expires and the renewal has not yet been approved, the worker must stop working until approval arrives, unless another legal basis allows them to work. The date that controls is the one printed on the card, and Form I-9 reverification with the employer is also due on that date.
Renewals filed before October 30, 2025 keep the automatic extension of up to 540 days that was in effect. Among those hardest hit by the new rule are H-4 spouses of H-1B workers and adjustment-of-status applicants (category c)(9)), whose authorization depends on the card. By contrast, the rule does not affect people who work by virtue of their immigration status itself — such as E and L spouses with a valid I-94 — nor extensions provided by law or Federal Register notices, such as some TPS extensions, nor the STEM OPT extension or the so-called cap-gap.
According to DHS, the measure seeks to strengthen eligibility and background vetting before granting a new period of authorization. The agency received 653 public comments on the interim rule and answered that security concerns outweighed the effects on applicants and employers. DHS itself estimates that 20,000 to 33,000 cards could lapse during an 18-month period beginning in May 2027, with labor-turnover costs of $312.1 million. A California court order from September 2026 protects only seven H-4 plaintiffs, not other applicants.
For those with a permit about to expire, specialists recommend renewing as early as possible — USCIS allows filing up to 180 days before expiration — watching the date printed on the card, and consulting an immigration attorney or an accredited representative with any questions about a particular case.
Photo: VisaVerge
Source: VisaVerge