USCIS Eliminates Automatic Extensions of Work Permits (EAD)

The Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), announced a new rule that marks an important change in how work permit (EAD) renewals are handled for immigrants.

Starting October 30, 2025, USCIS will no longer automatically extend the validity of work permits when a person files a renewal application on time. This means workers will need to wait for approval of the new EAD before they can continue working legally in the United States.

What Does This New Measure Mean?

Until now, many immigration categories — such as asylum applicants, TPS beneficiaries, or individuals with pending residency applications — received an automatic extension of up to 540 days while USCIS processed their renewal.

However, under this new rule, those automatic extensions are eliminated. The only exceptions will be cases in which the extension is specifically authorized by law or by a notice published in the Federal Register (for example, certain TPS beneficiaries).

Reasons Behind the Change

According to DHS, the decision is intended to strengthen security and verification processes for applicants before granting new work authorization. The government argues that automatic extensions allowed some individuals to keep working without completing background checks, which represents a risk to national security.

This measure follows new directives from President Donald Trump, established in the executive orders:

• E.O. 14159 – "Protecting the American People Against Invasion"
• E.O. 14161 – "Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats"

Who Is Affected by This New Rule?

This decision impacts thousands of immigrants who previously relied on the automatic extension to keep their jobs while awaiting the renewal of their permit. They include:

• 🕊️ Asylum applicants
• 🌎 Beneficiaries of TPS
• 🏡 Applicants for adjustment of status (permanent residency)
• 💼 Spouses of H-1B, L-1, or E visa holders
• 🔹 Other immigrants with pending applications before USCIS

Employers will also need to adapt, as they will now be required to re-verify work authorization on Form I-9 and ensure that employees do not work with expired permits.

Who Will Not Be Affected?

Individuals who already received an automatic extension before October 30, 2025 will continue to benefit from it until the date granted to them.

Likewise, TPS beneficiaries whose extensions are authorized through official notices in the Federal Register will retain their validity.

Practical Consequences for Immigrants

This new policy could create work interruptions for many immigrants whose permits are about to expire. If your EAD expires and USCIS has not yet approved your renewal, you will not be able to continue working until you receive the new card.

For this reason, it is recommended to:

• File the EAD renewal in advance (USCIS suggests doing so up to 180 days before expiration).
• Keep a copy of the application receipt (Form I-797C), even though it is no longer valid proof of work authorization, for tracking purposes.
• Seek legal counsel to evaluate immigration options that allow you to maintain your status or explore legal alternatives.

How to Submit Comments to the Government

DHS opened a 30-day period to receive public comments on this new rule. Interested parties may submit their comments through the official portal: 📩 www.regulations.gov 🗂️ Docket: USCIS-2025-0271

The elimination of automatic extensions for work permits represents a significant change for thousands of immigrants in the United States. Although USCIS justifies the measure as part of an effort to improve the security and integrity of the immigration system, this decision could create delays, temporary loss of employment, and concern in affected communities.

If your work permit is about to expire, do not wait until the last minute. Seek professional guidance and make sure to keep your legal and employment status current.

If you need help renewing your work permit or understanding how this new rule affects you, our legal team is here to help. Contact us today to receive a personalized consultation.