The Trump administration has officially ended the policy that allowed certain immigrants to continue working in the United States for up to 540 days while waiting for their work permit renewals.

On October 14, 2026, the Department of Homeland Security (DHS) finalized a rule eliminating automatic extensions of Employment Authorization Documents (EADs) for many immigrants.

This means that even if you submit your work permit renewal on time, you may no longer be allowed to continue working while USCIS processes your application.

What Changed?

Previously, many immigrants who applied to renew their work permits before expiration were automatically granted up to 540 additional days of employment authorization while their applications were pending.

This protection helped people avoid losing their jobs because of long USCIS processing delays.

Under the new policy:

Work permit renewals filed on or after October 30, 2025, generally do not qualify for the 540-day automatic extension.
Filing a renewal application does not automatically allow someone to continue working after their existing authorization expires.
If USCIS does not approve the renewal before the person’s work authorization expires, they may be required to stop working.
Certain exceptions remain available, including some Temporary Protected Status (TPS) extensions.

The change originally took effect on October 30, 2025, under an interim rule. The October 14, 2026, final rule makes that policy permanent.

Who Will Be Affected?

The change may affect immigrants who rely on Employment Authorization Documents to legally work in the United States, including certain:

Asylum applicants with pending cases.
Applicants for adjustment of status (Green Cards).
Individuals with pending immigration applications who qualify for EADs.
Certain spouses and dependents of visa holders.
Other noncitizens who must periodically renew their employment authorization.

Important: Not every immigrant is affected in the same way. Some individuals, including certain TPS beneficiaries and people authorized to work based on their immigration status, may qualify for separate extensions or continued employment authorization.

Additionally, eligible automatic extensions obtained through renewal applications filed before October 30, 2025, are not canceled by this rule.

What Happens if Your Work Permit Expires?

If you do not qualify for an exception and your work authorization expires before USCIS approves your renewal, you may have to stop working temporarily.

This can create serious consequences for immigrant families who depend on their employment income to pay rent, mortgages, and everyday expenses.

Employers may also be required to suspend employment until workers can provide valid evidence of continued work authorization.

Importantly, an expired work permit does not automatically mean that you have lost your immigration status or must leave the United States. Your immigration status and eligibility to work are separate legal questions.

Thousands of Workers Could Be Affected

DHS estimates that approximately 20,000 to 33,000 work permits could lapse during an 18-month period beginning in May 2027.

The government also estimates that employers could face hundreds of millions of dollars in lost productivity and employee turnover costs.

DHS argues that the new restrictions are necessary to allow immigration officers to complete security screenings and eligibility reviews before extending employment authorization.

However, the practical result is that many immigrants may face interruptions in employment because of USCIS processing delays, even when they have properly filed their renewal applications.

What Should Immigrants Do Now?

At Shepelsky Law Group, we recommend taking the following steps:

Check the expiration date on your current Employment Authorization Document.
File your renewal as early as permitted. USCIS generally recommends filing eligible EAD renewals up to 180 days before expiration.
Do not assume that a USCIS receipt notice allows you to continue working. Your eligibility depends on your immigration category, filing date, and applicable rules.
Check whether you qualify for an exception, including TPS-related extensions or employment authorization based on immigration status.
Consult an immigration attorney if your work permit is expiring or your renewal application has been pending for an extended period.

SHEPELSKY LAW GROUP CAN HELP

Losing employment authorization can have devastating consequences for immigrants and their families. Understanding your options before your work permit expires is more important than ever.

Our immigration attorneys at Shepelsky Law Group can review your immigration status, determine whether you qualify for an automatic extension or another form of work authorization, and help you develop a strategy to avoid employment interruptions.

Call Shepelsky Law Group at 718-769-6352 or schedule a consultation at www.shepelskylaw.com.

DON’T WAIT UNTIL YOUR WORK PERMIT EXPIRES. PROTECT YOUR RIGHT TO WORK IN THE UNITED STATES!