The US Department of Homeland Security (DHS) has finalised a rule ending automatic extensions of work permits for immigrants with pending renewal applications. The move makes permanent a policy introduced under the Trump administration in October 2025, Bloomberg Law reported.

The rule will take effect upon its publication in the Federal Register on October 14, 2026. It ends the 540-day automatic extension introduced under the Biden administration to protect immigrant workers from employment gaps caused by processing delays at US Citizenship and Immigration Services (USCIS).

The change affects several immigrant categories, including asylum seekers and eligible spouses of H-1B visa holders who have H-4 visas.

USCIS introduced the change to strengthen background checks and security screening before extending employment authorisation. In October 2025, the agency announced an interim final rule ending automatic extensions for certain employment authorisation document (EAD) renewal applications filed on or after October 30, 2025.

USCIS said the measure would help it “deter fraud and detect aliens with potentially harmful intent so they can be processed for removal from the United States.”

USCIS Director Joseph Edlow defended the decision, saying, “USCIS is placing a renewed emphasis on robust alien screening and vetting, eliminating policies the former administration implemented that prioritised aliens’ convenience ahead of Americans’ safety and security.”

He added, “It’s a commonsense measure to ensure appropriate vetting and screening has been completed before an alien’s employment authorisation or documentation is extended. All aliens must remember that working in the United States is a privilege, not a right.”

The decision comes amid lengthy processing delays. More than 432,000 work permit renewal applications had remained pending at USCIS for at least six months as of June 30, Bloomberg Law reported. Over 91,000 had been pending for more than 18 months.

Under the revised policy, filing a renewal application no longer automatically extends an eligible applicant’s work authorisation beyond its expiry date. Workers may face employment interruptions if USCIS does not approve their renewals in time.

USCIS advises applicants to file renewal applications up to 180 days before their EADs expire. The agency has warned that late applications increase the risk of a temporary lapse in employment authorisation.

A group of H-4 visa holders sued DHS in January, arguing that ending automatic extensions through an interim final rule violated the Administrative Procedure Act. A California judge last month blocked the rule from applying to the plaintiffs, citing procedural shortcomings and the government’s failure to adequately consider their reliance on the previous policy.

The October 2025 rule did not affect EADs automatically extended before October 30, 2025. Limited exceptions also remain for extensions authorised by law or Federal Register notices, including certain employment documents linked to Temporary Protected Status (TPS).