If you have a work permit—officially called an Employment Authorization Document, or EAD—and you need to renew it, the rules have now changed for good. On October 14, 2026, the Department of Homeland Security (DHS) published a final rule that permanently ends automatic extensions for most work permit renewals. It took effect the same day. For many Chicago-area workers, that means: if your new card does not arrive before your old one expires, you may have to stop working until it does.
What changed—and what didn't
For years, many people who filed on time to renew their work permit could keep working while U.S. Citizenship and Immigration Services (USCIS) processed the renewal. Starting in 2016, that automatic extension lasted up to 180 days. It was later increased to up to 540 days because of processing backlogs.
On October 30, 2025, DHS ended that protection with an "interim" rule. The new final rule adopts that interim rule without any changes. So the cutoff date is not new, but the change is now the permanent rule, not a temporary one.
- If you filed your renewal (Form I-765) on or after October 30, 2025, your current card is not automatically extended. Your permission to work generally ends on the date printed on the card.
- If you filed your renewal before October 30, 2025, the old up-to-540-day extension still applies to that filing. Cards that were already automatically extended before that date are not affected.
- Extensions provided by law, or by a Federal Register notice for Temporary Protected Status (TPS), are not affected. TPS holders should check the USCIS TPS page for their country.
- Green card holders are not affected. They can work with their green card.
Who this affects
The groups that used to get automatic extensions include people with pending asylum applications, people with pending green card (adjustment of status) applications, refugees, asylees, people granted withholding of removal, certain spouses of H-1B, L-1 and E visa holders, and VAWA self-petitioners. In Illinois, the Attorney General's office has said the rule puts up to 100,000 people at risk of losing their jobs, according to the Chicago Sun-Times.
DHS gives its own example in the rule: a person with a pending green card application has a work permit that expires on May 30 and files to renew on February 4. If the renewal is still pending on May 31, that person cannot keep working for their employer—unless they are allowed to work on another basis—until the new card is approved. Once it is approved, they can go back to work.
Refugees and asylees: your right to work comes from your status itself, so it does not end on the date printed on the card. But an expired card no longer counts as proof. Ask a lawyer, or your employer, which other documents are accepted on Form I-9.
Why timing matters
Processing is slow. DHS says median processing times for these renewals ranged from 3.7 to 4.4 months between November 2025 and March 2026. Bloomberg Law reported that, as of June 30, more than 432,000 renewal applications had been pending at USCIS for six months, including more than 91,000 pending for more than a year and a half.
Is anyone challenging the rule?
Yes, with limited results so far. On September 11, 2026, a federal judge in California ruled that DHS did not follow proper procedures when it issued the 2025 interim rule. But that ruling applies only to the seven H-4 spouses who brought the case. It does not protect anyone else.
What you can do now
- Check the expiration date on your card today. Set a reminder six months before it.
- File your renewal early. USCIS recommends filing up to 180 days before your card expires. The longer you wait, the more likely you are to have a gap.
- Send a complete application. Include all required evidence and the correct fee. Some USCIS fees, including those for initial asylum, parole and TPS work permits, went up on October 16, 2026, so check the current fee on uscis.gov before you mail anything.
- Keep your address up to date. Almost all noncitizens must report a move to USCIS within 10 days, and changing your address with the post office does not forward USCIS mail. The Sun-Times described a Cicero asylum seeker whose work permit troubles appear to have started with a missed notice after a move.
- Ask for an expedite if you will lose your job. USCIS says job loss may be enough to show "severe financial loss," depending on your situation, but needing a work permit by itself usually is not. After you get your receipt notice, you can ask through the USCIS Contact Center or your USCIS online account. Have proof ready and make only one request.
- Talk to your employer early. If your card expires before the new one arrives, you generally cannot keep working, but you can return once your new card is approved.
- Get legal help. Call the National Immigrant Justice Center (NIJC) at 312-660-1370 or the ICIRR Family Support Hotline at 855-435-7693.
This article is general information, not legal advice. Rules and court orders can change, and every case is different. We will update this page if a court blocks the final rule.