FAQ: DHS Ends Automatic Work Permit Extensions Nationwide
Summary
The Department of Homeland Security has ended automatic work authorization extensions for EAD renewal applicants, requiring individuals to file renewal applications earlier to avoid gaps in work eligibility.
What is the main change in DHS policy regarding work permits?
DHS has ended the practice of automatically extending work authorization for employment-authorization document (EAD) renewal applicants, eliminating the previous automatic extension benefit that could last up to 540 days while renewals were pending.
When did this new policy take effect?
The new rule applies to renewal applications filed on or after October 30, 2025, when the interim final rule was published.
Who is affected by this policy change?
Foreign nationals whose EAD renewal applications are filed on or after October 30, 2025, are affected, along with their employers who must ensure proper work authorization verification.
Why did DHS implement this change?
DHS states that ending automatic extensions allows for more rigorous screening, background checks, and vetting of applicants before continuing their employment authorization, framing it as a national security and public safety measure.
How can individuals avoid gaps in work authorization under the new rule?
USCIS recommends filing EAD renewal applications up to 180 days before the current EAD expiration date, though even with early filing, delays may still lead to authorization gaps.
What are the risks of working with an expired EAD under the new policy?
Working after your EAD expires and before the renewal is approved (for applications filed on or after October 30, 2025) may jeopardize your immigration status and future benefits.
Where does this policy apply?
This policy applies nationwide to all EAD renewal applicants in the affected categories across the United States.
What should employers and individuals do differently now?
Both employers and individuals need to be more proactive with advance planning and timely filing, focusing on ensuring continuity of employment authorization without relying on automatic extensions.
Who can help individuals and businesses adapt to this change?
Immigration attorneys can provide filing strategies, monitor renewal timelines, and help update employer verification practices to adapt to this policy change.
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