U.S. Citizenship and Immigration Services (USCIS) is finalizing a rule that ends the automatic extension of work permits for certain immigrants who file renewal applications on or after Oct. 30, 2025, leaving them at risk of losing work authorization while their applications remain pending.
The final rule confirms a policy introduced last year that eliminated the automatic extension of Employment Authorization Documents (EADs) for up to 540 days for eligible applicants. USCIS released an advance copy of the final rule on Oct. 13, with publication in the Federal Register scheduled for Oct. 14.
The policy change means that eligible foreign nationals who apply to renew their work permits on or after the Oct. 30, 2025, cutoff date can no longer rely on the previous 540-day extension while waiting for USCIS to process their applications.
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Under the rule, work authorization generally ends when an applicant’s existing EAD expires. The individual must wait for USCIS to approve the renewal before regaining work authorization, unless they qualify to work under another valid authorization.
The change could create employment challenges for foreign workers whose renewal applications remain pending beyond the expiration date on their current work permits. Employers may also need to account for potential gaps in work authorization when planning staffing and verifying employees’ eligibility to work in the United States.
USCIS initially introduced the policy through an interim final rule without prior public notice or an opportunity for public comment. The agency has now issued the final rule after reviewing comments received on the interim measure. The final version retains the policy without changes.
However, the rule does not invalidate automatic extensions that took effect before Oct. 30, 2025. It also does not affect extensions authorized under separate laws or specific Federal Register notices.
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For affected applicants, filing a renewal application before the current EAD expires will not, by itself, provide the previous automatic extension of up to 540 days. Workers and employers should therefore review the applicable eligibility rules and renewal timelines to determine whether another basis for employment authorization is available.
The rule reflects the importance of renewing work permits on time and understanding how the changes affect employment. For some foreign workers, an expired work permit could mean having to stop working while USCIS processes their renewal application. The impact will depend on each worker’s immigration status and whether they have another valid way to work in the United States.
Workers should check the rules that apply to their situation and seek advice from an immigration attorney if they are unsure about their work authorization.