DHS Ends Automatic Work Permit Extensions for Immigrants

The Department of Homeland Security (DHS) announced on Wednesday a new rule ending automatic work permit extensions for renewal applicants, a major shift that could leave hundreds of thousands of immigrants temporarily unable to work.

If you currently hold an Employment Authorization Document (EAD) or plan to renew one soon, here’s what this change means for you.

What Changed

Starting on October 30, 2025, automatic extensions for work permits are no longer available.

Until now, immigrants who filed their renewal applications on time automatically received up to 540 extra days of work authorization while U.S. Citizenship and Immigration Services (USCIS) processed their new EAD cards. That protection has been eliminated for all renewal applications filed on or after this date.

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Who Is Affected

Anyone renewing an EAD may be affected, including those with pending green card applications, H-4 spouses with EADs, and applicants under humanitarian programs.

Some categories may still qualify for automatic extensions, such as Temporary Protected Status (TPS) holders and students on F-1 STEM OPT, whose 180-day extensions are granted by law. E-3D dependent spouses, like L-2S spouses, can continue working as long as their I-94 record remains valid.

Key Dates

• Filed before October 30, 2025: You remain covered under the old rule and may receive up to a 540-day automatic extension.
• Filed on or after October 30, 2025: No automatic extension. You must wait for approval before resuming work once your current EAD expires.

What It Means for Workers

For applications filed on or after October 30, 2025, if your current work permit expires before USCIS approves your renewal, you must:

• Stop working until you receive your new EAD
• Expect possible income interruption and job loss
• Understand that employers are legally required to verify work authorization and cannot keep you on payroll without a valid EAD

The Processing Challenge

EAD processing times have fluctuated widely. While USCIS has made progress reducing backlogs, many renewals still take several months. Without the automatic extension, applicants who file their EAD applications closer to their expiration dates risk falling into employment gaps.

What You Can Do Now

1. File as early as possible.
   Submit your EAD renewal up to 180 days (6 months) before it expires. Delaying could result in weeks or months without income.
2. Check your expiration date today.
   Find your EAD card and confirm when it expires. Mark your calendar to apply as soon as your 180-day window opens.
3. Prepare in advance.
   Collect required documents, photos, and filing fees early so your application is ready to go.
4. Track processing times.
   Review current Form I-765 timelines on the USCIS website and plan accordingly.
5. Know your backup options.
   Some immigrants, such as refugees and asylees, may use other documents (like an I-94 with work authorization notation) to show eligibility if delays occur.

Why DHS Made This Change

According to DHS, the new rule is meant to ensure full security and background checks are completed before extending work authorization. The agency pointed to a June 2025 incident in Colorado involving a person whose work permit had been automatically extended. Officials claim removing extensions will “enhance vetting integrity” and reduce the risk of approving renewals before background checks are complete.

Looking Ahead

This policy reverses a 2024 DHS rule that made automatic extensions permanent to reduce gaps caused by USCIS delays. Immigrants must now plan far earlier to avoid disruptions, while employers should prepare for possible staffing challenges as renewals take longer to process.

Although DHS expects processing times to improve, it has not provided a specific timeline.

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