US Ends Automatic Work Permit Extensions for Selected Foreign Workers

• The US Department of Homeland Security published a final rule ending automatic extensions for certain employment authorisation documents
• The rule finalises an interim regulation first introduced on October 30, 2025, which affected foreign nationals renewing their work permits in select categories
• DHS said the change is aimed at strengthening vetting and screening of immigrants before any new work authorisation is granted

The United States Department of Homeland Security (DHS) has ended automatic extensions of employment authorisation documents (EADs) for certain categories of foreign nationals, under a final rule now in effect in 2026.

The rule was published by US Citizenship and Immigration Services (USCIS) and formalises an interim regulation that DHS first put in place on 30 October 2025.

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Following a review of public comments submitted in response to that interim rule, the agency proceeded to issue this binding final version.

How the old system worked

Under the previous framework, a foreign national whose work permit was nearing expiry could continue working legally while USCIS processed their renewal application.

That automatic extension provided a buffer, allowing holders of Form I-766 EADs in specified categories to remain in lawful employment without interruption between the expiry of their old card and the approval of a new one.

That provision has now been removed for the affected categories. Eligible workers must obtain a new, approved EAD before they may lawfully continue employment.

DHS cites vetting concerns

DHS said the change was driven by a need to improve what it described as "benefit integrity," ensuring that immigrants undergo proper vetting and screening before receiving a fresh period of work authorisation. The agency indicated it reviewed public submissions made in response to the October 2025 interim rule before finalising the policy.

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USCIS grounded the rule in two pieces of legislation: Section 103(a) of the Immigration and Nationality Act, which authorises the Secretary of Homeland Security to administer immigration laws and establish necessary regulations, and Section 102 of the Homeland Security Act, which vests DHS functions in the Secretary.

The rule applies only to those EAD holders falling within the specific employment authorisation categories identified in the regulation. Workers whose categories are not listed in the rule are not affected by the change.

Foreign nationals currently in the renewal process, or approaching their EAD expiry date, are advised to verify their category against updated USCIS guidelines to confirm whether the automatic extension previously available to them still applies.

US rejects over 35K work permit applications

Earlier, YEN.com.gh reported that the US had confirmed that 35,767 work permit applications from Green Card applicants were rejected by the United States Citizenship and Immigration Services (USCIS).

As of the end of the quarter, 671,362 such applications remained pending under the adjustment of status category.

Source: YEN.com.gh