The final rule acknowledges that asylum applicants and those in other humanitarian programs could be temporarily left without work authorization while USCIS processes their renewal.
The Department of Homeland Security (DHS) published the final rule in the Federal Register on October 14, 2026, eliminating the automatic extension of work permits (EAD) while their renewal is being processed. In the text, DHS acknowledges that some people may be left without work authorization for a period of time, including asylum applicants and beneficiaries of other humanitarian categories.
What changes
Until now, those who filed for renewal of their permit on time in certain categories could keep working for up to 540 days after the card expired, according to the USCIS archived page on the automatic extension. That extension is no longer granted to those who filed for renewal on or after October 30, 2025.
The final rule, according to the text published in the Federal Register, took effect on October 14, 2026. It adopts without substantial changes the interim rule of October 30, 2025. The text cites, as examples, people with a pending asylum application and those seeking adjustment of status.
USCIS's official account on X announced the interim rule at the time:
Publication in X
How Many Permits Could Expire
DHS's own analysis estimates that, in an 18-month window beginning in May 2027, between 20,000 and 33,000 permits could expire before their renewal is approved. The rule also calculates that between 1,700 and 2,800 employers would be affected.
DHS maintains in the document that these people may continue to apply for their permit. It also describes the effect as a temporary interruption (“a temporary lapse”) in employment authorization or in their documentation.
Exceptions: TPS
The rule does not change automatic extensions established by law or by a Federal Register notice for employment documents tied to Temporary Protected Status (TPS). The Federal Register notes that the law known as the One Big Beautiful Bill Act limits the validity of work permits for TPS beneficiaries to one year or the length of the designation, whichever is shorter.
What is not confirmed
Some headlines refer to “dreamers” facing a seven-month wait and a possible general “pause” in permits. Those details do not appear in the text of the Federal Register that this newsroom reviewed, and DHS has not announced a general pause. Those who have DACA should check their case on the USCIS website, because this article could not confirm from official sources how the rule affects them.
What does it mean to you?
- If your permit falls in an affected category and you requested renewal on or after October 30, 2025, you cannot keep working with the expired card while you wait.
- Check the expiration date on your card and confirm on uscis.gov how far in advance you can file for renewal.
- If you work with TPS, your case is governed by the Federal Register notice for your country, not by this rule.
- For questions about your situation, consult an immigration attorney or an accredited organization.
Legal notice: This information is general and does not replace the advice of a licensed immigration attorney or a representative accredited by the Department of Justice.
Editor's note: Some information in this article could not be confirmed with official sources at the time of publication; it comes from reports by other media outlets or from the individuals quoted. We will update the article if the information changes.
