Between 20,000 and 33,000 work permits could lapse over an 18-month period beginning in May 2027 under a new Trump administration rule ending automatic extensions of certain Employment Authorization Documents (EADs), according to a government estimate.
The policy could leave thousands of foreign workers, including H-4 spouses of H-1B visa holders and immigrants applying for Green Cards from within the United States, unable to work while their renewal applications are pending.
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According to the Federation for American Immigration Reform, the rule affects several categories of foreign workers, including asylum applicants, Green Card applicants and H-4 spouses of H-1B visa holders.
Under the new policy, filing an EAD renewal application before the current permit expires will generally no longer be enough to extend work authorization automatically while the application is pending. The Department of Homeland Security (DHS) says the change is intended to allow more time for background checks and security screening before renewed work permits are approved.
The final rule, published in the Federal Register, adopts without changes an interim final rule issued by DHS on October 30, 2025. It adds a new provision, 8 CFR 274a.13(e), which states that EAD renewal applications filed on or after October 30, 2025, generally will not qualify for automatic extensions. Exceptions apply to extensions authorized by law or provided through Federal Register notices related to Temporary Protected Status (TPS).
The change could pose particular challenges for immigrants applying for Green Cards from within the United States and H-4 spouses of H-1B visa holders. According to immigration law firm Reddy Neumann Brown PC, applicants holding category (c)(9) EADs and H-4 spouses with category (c)(26) EADs could face gaps in work authorization if their renewals are not approved before their current permits expire.
H-4 spouses may be especially vulnerable because their authorization to work depends on having a valid EAD, rather than H-4 status alone. If their renewal applications remain pending after their existing permits expire, they may have to stop working temporarily. Such interruptions could put additional financial pressure on households that depend on both spouses’ earnings.
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The American Immigration Council has also warned that the policy could leave workers unable to work while U.S. Citizenship and Immigration Services (USCIS) processes their renewal applications. Lengthy processing times could create uncertainty for both employees and employers, particularly when workers cannot maintain continuous employment authorization.
The impact could extend beyond individual workers. Employers may have to place affected employees on unpaid leave or temporarily remove them from their positions until their work authorization is restored. Businesses could also face staffing shortages, additional recruitment costs and operational disruptions.