The US Department of Homeland Security announced on October 14th and implemented final rules confirming the cancellation of the automatic 540-day extension previously available to renewal applicants of certain work permits (EAD, commonly known as work cards). Even if affected individuals have timely submitted their renewal applications, they may face work disruptions if the new application is not approved by the time the old card expires and they have no other valid work authorization.
Under the previous 540-day automatic extension provision, individuals meeting specified category and other conditions could have their old card and corresponding work authorization automatically extended for up to 540 days from the card’s expiration date while their new card application was pending, allowing them to continue lawful employment during the waiting period.
The Department of Homeland Security had previously passed temporary final rules in 2025 canceling the related automatic extensions by October 30th, 2025. The latest final rules maintain the original provisions without any new modifications and do not change the application cut-off date to October 14th of this year, keeping it at October 30th, 2025.
According to the regulations, renewal applications submitted on or after October 30th, 2025, cannot solely rely on pending applications to receive automatic extensions. Should applicants lack other valid work authorization, they cannot continue working solely based on the renewal receipt after the old card expires.
Primary affected individuals include those with pending asylum applications, individuals applying for adjustment of status in the US and obtaining work cards accordingly, and H-4 spouses eligible for work permits. H-4 status is for the spouses of H-1B visa holders, and not all H-4 dependents are eligible to apply for work cards.
Mr. Gong, holding a C8 card, mentioned that he has two young children, his wife is unemployed staying at home to take care of their kids, and the family solely relies on his Uber job for a living. His work card expires in May 2027, and his recent asylum application was denied, with an ongoing appeal to the BIA. He is worried that his work card may not be renewed by then, especially with the new rule eliminating automatic extensions based on application receipts. In case this happens, the family’s livelihood will be at risk.
The Department of Homeland Security stated that the cancellation of automatic extensions aims to complete eligibility checks and security reviews before approving new work permits. However, public concerns arise about applicants potentially being forced to stop working due to immigration processing delays, impacting family income and employer staffing arrangements.
Regarding renewal timelines, USCIS generally recommends submitting applications within 180 days before the current work card expires.