A sweeping new rule that took effect October 30, 2025, will officially end the 540-day automatic extension for work permits (EADs), a policy that has allowed hundreds of thousands of immigrants to continue working legally in the U.S. while their renewal applications were pending.
The change, announced this week by the Department of Homeland Security (DHS) under the Trump administration, represents one of the most consequential rollbacks of employment protections for noncitizens since the reinstatement of stricter vetting policies earlier this year.
For many immigrant workers — including asylum applicants, Temporary Protected Status (TPS) holders, and those awaiting green card adjudications — the rule means that filing a renewal application will no longer automatically extend their ability to work once their current employment authorization document expires.
End of the 540-Day Buffer
Under the Biden administration, renewal applicants could receive an automatic 540-day extension to their employment authorization while the U.S. Citizenship and Immigration Services (USCIS) processed their applications — a measure introduced in 2024 to counter mounting backlogs and processing delays.
Beginning October 30, that automatic coverage ends. Now, work authorization will only continue after USCIS approves the renewal — not while it’s pending. This change means that even workers who submit their applications on time could face sudden lapses in employment if their EAD expires before a decision is made.
Employers, under federal law, must terminate employees whose work authorization documents expire, regardless of whether a renewal application is pending.
A “Security-Focused” Justification
In the interim final rule published in the Federal Register, USCIS Director Joseph Edlow said the move “restores integrity” to the vetting process and prevents individuals flagged with “derogatory information” from maintaining work authorization during review.
The agency argued that automatic extensions had allowed applicants to keep working “without an eligibility determination” or full background checks — a “security vulnerability,” according to the administration, that could “allow bad actors to generate income to finance nefarious activities.”
Critics, however, say the new policy punishes law-abiding immigrants, many of whom depend on EADs for their livelihoods. Under the previous policy, delays at USCIS often meant immigrants waited months — sometimes a year — for renewals. Without the automatic extension, even brief bureaucratic lags could leave families without income and employers short-staffed.
Legal Community Urges Immediate Action
Immigration attorney Akua O. Aboagye of AK Poku Law called the change “breaking news that every immigrant must take seriously.”
“If you can, file your work permit renewal today,” Aboagye advised in a widely shared video statement. “Renewal applications filed before October 30 will still qualify for the 540-day automatic extension. Anything filed after that date will not.”
Aboagye noted that many applicants — including those under TPS (A-12, C-19), DACA (C-33), asylum (C-8), and pending adjustment of status (C-9) — are eligible to file Form I-765 online. Because USCIS timestamps submissions in Coordinated Universal Time (UTC), she recommended completing online filings before 8 p.m. EST on October 29 to ensure they are processed under the current rule.
Legal and Economic Fallout
The decision is expected to have far-reaching implications for employers, immigrant workers, and the immigration courts.
Employers may face abrupt staff shortages, while workers awaiting EAD renewals could lose jobs and benefits. Legal experts warn this could increase deportation exposure for noncitizens who lose valid status once their work authorization expires — especially those under parole or deferred action categories.
For the Trump administration, the move aligns with its broader strategy to limit discretionary immigration benefits and tighten enforcement mechanisms. By ending the automatic EAD extensions, DHS removes what it called a “bureaucratic buffer” that previously delayed removal proceedings for immigrants awaiting renewal.
Opportunity for Public Comment
While the rule is effective immediately, DHS has opened a 30-day public comment period, allowing individuals, advocacy groups, and employers to submit feedback via regulations.gov. All comments referencing DHS Docket No. USCIS-2025-0271 will be reviewed before the regulation is finalized.
Public input could influence how the final rule is shaped — though immigration analysts expect the administration to hold firm on what it views as a national security measure.
The Human Impact
For the millions of immigrants who have spent years building stable lives and careers in the U.S., the policy shift adds a new layer of uncertainty. Many now face an impossible choice: scramble to renew before October 30, or risk unemployment while waiting for USCIS approval.
As one immigration advocate noted, “This isn’t just about policy — it’s about people who might lose everything because of a missed filing date.”
