- 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 the automatic extension of employment authorisation documents (EADs) for certain categories of foreign nationals, under a final rule now in effect in 2026.
The rule, published by U.S. Citizenship and Immigration Services (USCIS), finalises an interim regulation that DHS first introduced on October 30, 2025.
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Previously, foreign nationals in specific employment authorisation categories who had filed timely renewal applications could continue working legally while their new EAD was being processed.
That automatic extension no longer applies to those categories.
US work permits: What the new rule changes
Under the old system, an EAD holder whose card was expiring could keep working automatically while USCIS reviewed their renewal.
The final rule removes that automatic extension for affected categories, meaning eligible workers must now receive a new approved EAD before they can lawfully continue employment.
DHS said the decision was driven by the need to improve "benefit integrity" and ensure that all immigrants are properly vetted and screened before being granted a fresh period of work authorisation.
The agency reviewed public comments submitted in response to the October 2025 interim rule before issuing this final version.
US work permits: Legal basis for the rule
USCIS drew its authority to issue the rule from two provisions: 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 all DHS functions in the Secretary.
The rule applies to EADs, formally known as Forms I-766, and affects only those falling under the specific employment authorisation categories identified in the regulation. Workers in unaffected categories are not impacted by the change.
Foreign nationals currently in the renewal process or approaching their EAD expiry date are advised to check their category against the updated USCIS guidelines to determine whether the automatic extension previously available to them still applies.
In a related story, Legit.ng reported that the US had released five categories of foreigners exempt from its partial visa restriction.
US work permit rejections surge
Meanwhile, Legit.ng previously reported that US work permit rejections had gone up, with over 35,000 Green Card applicants being denied.
The figures cover the third quarter of the US government's 2026 fiscal year, which runs from October 1, 2025, to September 30, 2026.
The rate rose sharply from about 25% recorded across the first two quarters, covering October 2025 to March 2026.
Source: Legit.ng