The United States government has made permanent its decision to end automatic extensions of work permits for certain immigrants, a policy change that could affect thousands of foreign nationals, including Africans, asylum seekers and eligible spouses of H1B visa holders.
The Department of Homeland Security (DHS) issued the final rule, which removes the automatic extension of employment authorisation documents for eligible immigrants whose renewal applications remain pending, according to Bloomberg Law.
The rule takes effect upon its publication in the Federal Register on October 14, 2026, formalising a measure initially introduced by the administration in October 2025.
Under the previous policy introduced during the administration of former President Joe Biden, eligible applicants could receive automatic extensions of up to 540 days while the United States Citizenship and Immigration Services (USCIS) processed their renewal applications.
The arrangement was designed to prevent workers from losing their jobs because of administrative delays.
However, the revised policy means that filing a renewal application will no longer automatically extend work authorisation for affected applicants.
DHS said the change would strengthen immigration screening and background checks before employment authorisation is granted or renewed.
USCIS Director Joseph Edlow defended the decision, arguing that the government must complete appropriate security checks before extending immigrants’ employment documents.
The policy comes amid significant processing delays at USCIS. According to Bloomberg Law, more than 432,000 work permit renewal applications had remained pending for at least six months as of June 30, while over 91,000 had been awaiting decisions for more than 18 months.
The delays could expose affected workers to employment interruptions if their existing permits expire before their renewal applications are approved.
Foreign nationals are therefore being advised to submit renewal applications as early as permitted. USCIS recommends filing within 180 days before an employment authorisation document expires.
H4 Visa Holders Challenge Decision
The policy has also triggered legal opposition from spouses of H1B visa holders who qualify for employment authorisation under H4 visas.
Bloomberg Law reported that a group of H4 visa holders sued the DHS in January, arguing that the decision violated the Administrative Procedure Act, which governs how federal agencies introduce and implement regulations.
