Work & SkillsEntry PF-256716 · Page 45 · Stamped OCT 10, 2026

DHS Advances Rule to End Automatic Work Permit Renewal

The US Department of Homeland Security has advanced a rule that would end automatic renewal of work permits for eligible non-citizens, Bloomberg Law reported. The change targets EAD holders in multiple categories and their employers.

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  • DHS has advanced a rule that would end automatic renewal of work permits, per Bloomberg Law
  • Employment Authorization Documents are issued by USCIS, a DHS sub-agency
  • Form I-9 rules require employers to verify ongoing work authorization
  • Federal rulemaking typically includes OMB review, Federal Register publication, and a public comment period
  • The current automatic extension policy stays in effect until a final rule publishes

The US Department of Homeland Security has advanced a regulatory rule that would eliminate the automatic renewal of work permits for eligible non-citizens, Bloomberg Law reported.

Work permits in the United States — formally known as Employment Authorization Documents, or EADs — are issued by US Citizenship and Immigration Services, the DHS agency that processes employment-based immigration benefits. The proposed rule would scrap the policy that lets certain EAD holders keep working while their renewal applications remain pending. Without the extension, applicants could face gaps between filing and adjudication.

What does the change target?

The change targets the period of automatic extension granted to renewal applicants in several immigration categories. Removing the extension would create the potential for gaps between the expiration of a current EAD and the approval of a renewal.

The Department of Homeland Security oversees the work-permit program through USCIS, which processes EAD applications and adjudicates eligibility.

What does "advancing" mean in rulemaking?

"Advancing" a rule typically means DHS has moved the regulation forward in the federal rulemaking process. Common next steps include a review by the Office of Management and Budget, followed by publication of a Notice of Proposed Rulemaking in the Federal Register.

Federal regulatory changes usually include a public comment period before a final version takes effect. The comment window allows affected parties and the wider public to submit feedback on the proposed text.

Once a final rule publishes, it will set out the affected categories, the effective date, and any transition relief for pending applications.

Who is affected?

The proposed rule affects two main groups:

  • EAD holders who currently benefit from automatic extension, who would need to monitor their renewal deadlines more closely.
  • Employers of these workers — already required to confirm ongoing work authorization under Form I-9 rules — who would also need to track authorization dates without relying on automatic extensions.

HR and compliance teams in healthcare, hospitality, agriculture, and other sectors that employ significant numbers of EAD holders often rely on the extension to maintain continuous employment for foreign-national staff.

The regulation would not change the eligibility criteria for EADs themselves — only the procedure for renewing them. Applicants would still need to qualify under the same underlying immigration status.

What should affected workers do now?

Until the rule is published in final form, the current automatic extension policy remains in place for eligible categories. Workers planning a renewal should:

  • File the EAD renewal application well before the current EAD expiration date.
  • Retain the USCIS receipt notice, which currently establishes the extension window.
  • Monitor the USCIS website and Federal Register for the rule's publication and effective date.

Where to verify the specifics

Affected workers and employers should check the DHS rulemaking docket, the USCIS website, and the Federal Register for the specific categories affected, the proposed effective date, and any transition relief for pending applications. The Bloomberg Law report does not detail these specifics, and any operational steps should be confirmed against the official Federal Register publication once it appears.

DHS has taken a step toward ending the automatic extension of work permits, but the categories affected, the effective date, and the transition rules will only become clear once the rule is published. Until then, the current automatic renewal framework remains in effect, and applicants should continue filing renewals on their existing schedule.

via GN Work Permits (Source)

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Nathan Brooks

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Correspondent covering marketplaces and e-commerce at Passport File.

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