USCIS Ends Automatic Work Permit Extensions Amid 1.7 Million Pending Applications

The Department of Homeland Security (DHS) has ended the practice of automatically extending Employment Authorization Documents (EADs) for immigrants filing renewal applications in certain categories. An interim final rule is scheduled to be published in the Federal Register on October 30. This change, effective for applications filed on or after October 30, 2025, is being framed by U.S. Citizenship and Immigration Services (USCIS) as a necessary measure to enhance national security and screening protocols.

The Trump administration has reversed the rule previously announced by USCIS  that automatically extended the validity of certain expiring work permits  by 540 days. A temporary final rule published last year had initially increased the automatic extension period for many expiring work permits from 180 days to 540 days.

Under the new rule, individuals who submit an EAD renewal application will no longer receive an automatic extension of their existing work authorization document while their case is pending review. According to the agency, this change is intended to “prioritize the proper screening and vetting of aliens before extending the validity of their employment authorizations.” USCIS stated that more frequent background reviews will enable the agency to “deter fraud and detect aliens with potentially harmful intent so they can be processed for removal from the United States.”

USCIS Director Joseph Edlow commented on the policy: “USCIS is placing a renewed emphasis on robust alien screening and vetting, eliminating policies the former administration implemented that prioritized aliens’ convenience ahead of Americans’ safety and security. It’s a commonsense measure to ensure appropriate vetting and screening has been completed before an alien’s employment authorization or documentation is extended. All aliens must remember that working in the United States is a privilege, not a right.”

This policy change comes amidst significant application volumes and processing delays. According to a USCIS report—produced in response to the direction set forth in the Consolidated Appropriations Act, 2022—there is currently a substantial inventory of pending EAD applications. Specifically, there are 1,698,599 EAD applications awaiting a decision, with 911,946 of those cases pending for over six months.

The overall average processing time for EADs is currently 3.7 months. Data from September 2025 shows that USCIS received 225,595 new EAD applications, approved 262,688 applications, and denied 22,980 applications.

However, the average processing time is not uniform across all categories and is significantly longer for certain vulnerable populations and complex cases. For example, the average processing time (the time within which 80% of cases are completed) for a work permit based on being admitted as a refugee is 20.5 months.

Other categories also face substantial wait times. Applications for an EAD based on being an H-4 spouse of an H-1B worker take an average of 12 months, while renewals based on a pending asylum application average 6.5 months. For EAD applications based on a pending I-485 adjustment application in Service Center Operations, the average time is 7 months.

The rule does include limited exceptions, specifically for extensions provided by law or through a Federal Register notice for employment documentation related to Temporary Protected Status (TPS).

To minimize potential disruption, USCIS is now strongly recommending that affected individuals seek a timely renewal of their EAD by properly filing a renewal application up to 180 days before their current EAD expires. The agency warned that delaying the renewal application increases the likelihood of an alien experiencing a temporary lapse in their employment authorization.

The interim final rule will not affect EADs that were automatically extended before the October 30, 2025, effective date.