DHS Finalizes Rule Ending Automatic Work Permit Extensions for Immigrants

The Department of Homeland Security finalized a rule Wednesday ending automatic work permit extensions for certain immigrants awaiting renewal approval, leaving affected workers at risk of losing their authorization to work while federal officials process their applications.

Published October 14, 2026, the final regulation permanently adopts restrictions that took effect under the Trump administration on October 30, 2025. Immigrants covered by the policy must generally receive approval from U.S. Citizenship and Immigration Services (USCIS) before their existing work permits expire, even when they submit renewal applications on time.

The restrictions replaced a protection that allowed eligible immigrants to continue working for up to 540 days while USCIS processed their renewal requests. The Biden administration had expanded that extension period to prevent employment interruptions caused by federal processing backlogs.

Affected applicants include certain asylum seekers, immigrants awaiting green card decisions, and qualifying spouses of foreign workers who depend on employment authorization documents, commonly known as EADs. Those whose permits expire before renewal approval may face interruptions in employment and income while their applications remain pending.

DHS estimates that between 20,000 and 33,000 work permits could lapse during an 18-month period beginning in May 2027, potentially affecting 1,700 to 2,800 employers. Its midpoint estimate of approximately 27,000 uses a 90-day renewal filing benchmark, assuming applicants submit requests three months before their existing permits expire. The department acknowledged that filing patterns, application volumes, and processing times could substantially change those projections.

Employers could incur approximately $312.1 million in labor turnover costs as they seek replacements for affected employees, according to the agency's economic analysis. DHS also projects $138.1 million in lost productivity for businesses unable to fill positions easily, along with a potential $14.5 million reduction in federal tax revenue over the same period.

The administration defended the restrictions as necessary to strengthen immigration screening and verify continued eligibility before granting additional work authorization. DHS argued that the previous policy allowed applicants to remain employed for months while officials conducted background checks and reviewed information that could affect their eligibility.

The department received 653 public comments on the restrictions, including submissions from immigration attorneys, legal service providers, labor unions, professional organizations and advocacy groups. Some raised concerns about staffing shortages in healthcare, education, agriculture and manufacturing as employees await renewal decisions, while others urged DHS to retain automatic extensions of 120, 180 or 240 days to reduce workplace disruptions.

Federal officials rejected those alternatives, maintaining that even shorter extensions would allow applicants to continue working before updated background checks and eligibility reviews were completed. DHS acknowledged the potential employment interruptions but concluded that its screening and security priorities justified the restrictions.

The rule also places additional importance on federal employment verification requirements. Employers must confirm that employees remain authorized to work and complete Form I-9 reverification when required. Federal law generally prohibits businesses from knowingly continuing to employ individuals who lack authorization, potentially forcing affected workers off the job while their renewal applications remain pending.

Automatic extensions granted through eligible renewal applications filed before October 30, 2025, remain valid under the previous rules. Separate protections established by federal law or Federal Register notices, including certain extensions involving Temporary Protected Status, also remain available.

Qualifying spouses in E and L nonimmigrant classifications may continue working through authorization tied to their immigration status, subject to applicable documentation requirements. H-4 spouses who depend on employment authorization documents generally must obtain renewal approval before their existing authorization expires to avoid an employment gap.