Work Permit (EAD) 2026: Automatic Extension Eliminated — What Changed

Work permit (EAD): the automatic extension has been eliminated. On October 14, 2026, DHS published a final rule that adopts the interim rule of October 30, 2025. If you filed your EAD renewal on or after October 30, 2025, the former extension of up to 540 days does not apply to you. You may work only until the date printed on the card, or until USCIS approves the renewal. TPS is the exception: extensions through TPS notices remain in place.

In short:

• Final rule FR 2026-20955 (91 FR 65306) was published and took effect on October 14, 2026. It confirms the interim final rule of October 30, 2025, without changes.
• The 540-day EAD extension no longer applies to applications filed on or after October 30, 2025. For TPS, the rule does not eliminate automatic extensions.
• Since December 5, 2025 (policy alert of December 4), EADs for green card applicants (c)(9) and asylum applicants (c)(8) are issued for a maximum of 18 months; for parole and TPS, a maximum of 1 year.
• Two new rules have only been proposed and are not final: one on EADs for asylum applicants (a 365-day wait) and one on EADs for parole and deferred action.
• From October 16, 2026, an initial EAD for asylum, parole, and TPS costs $570. The annual asylum fee rises to $105.

What changed: the end of the 540-day automatic extension

The old rule was simple. A person filed an I-765 renewal on time in the same category, and the old card stayed valid for up to 540 days past its expiration date while the application was pending. The extension of up to 540 days had been in place since 2022, first as a temporary measure and then under a 2024 rule. For many people, it was the only protection against a gap in employment when USCIS took a long time to process applications.

On October 30, 2025, DHS issued an interim final rule (90 FR 48799). It added 8 CFR 274a.13(e) to the regulations: the automatic extension does not apply to renewal applications filed on or after October 30, 2025. On October 14, 2026, the final rule "Removal of Automatic Extensions for Certain Employment Authorization Documents" was issued. It adopted the interim rule without changes and took effect on the day of publication.

The current rule for categories where USCIS grants work authorization (8 CFR 274a.12(c), for example (c)(8) and (c)(9)) is this: work authorization ends on the date on the card if USCIS has not approved the renewal in time. DHS explains its position this way: with automatic extensions, an employer risks unknowingly keeping a worker whose work authorization has already ended.

Who the rule does not affect

• Those who filed before October 30, 2025. If the renewal reached USCIS before the EAD expired and before October 30, 2025, and was filed in the same category (or with codes A12/C19), the card may be treated as valid for up to 540 days past the printed date. Proof is the I-797C receipt notice. Extensions that began before the interim rule are not revoked either.
• TPS holders. The rule does not change automatic TPS extensions under INA §244 and 8 CFR part 244. TPS documents may still be extended through Federal Register notices.
• Those whose work authorization is incident to status (8 CFR 274a.12(a)). For them, the card itself expires, but work authorization is tied to the status.

Important: the rule does not say that everyone whose card has expired loses work authorization. It eliminates the automatic extension for new renewal applications. What exactly happens in your case depends on your category and filing date. If you are unsure, discuss it with an immigration attorney.

Who is affected most

The changes hit hardest those whose work authorization depends on USCIS approval rather than on status. Among Russian-speaking clients, these are usually three groups:

• (c)(9): pending green card applicants (I-485). For example, marriage-based, EB-1A, or EB-2 NIW applicants who have filed an I-485 and are waiting for a decision.
• (c)(8): asylum applicants with a pending I-589.
• (c)(11): parole. This includes Uniting for Ukraine (U4U) participants. They are subject both to the shorter card validity and to the proposed rule of June 5, 2026.

TPS holders (A-12/C-19), including Ukrainian nationals, are formally excluded from the new rule. But their timelines also depend on TPS decisions: more on this in our article on TPS for Ukraine.

New rules for 2026: maximum EAD validity shortened

Separately from eliminating automatic extensions, USCIS shortened the maximum validity of certain cards. The change was introduced by a Policy Manual update (policy alert) of December 4, 2025, and applies to applications pending or filed on or after December 5, 2025:

• (c)(9), pending I-485 applicants: up to 18 months;
• (c)(8), asylum applicants: up to 18 months;
• parole and TPS: up to 1 year, or until the end of the parole/TPS period if shorter (this limit comes from H.R. 1).

The card is shorter, and there is no automatic extension. That means renewing your EAD more often, and every renewal carries a risk of a gap in employment. Anyone waiting more than a year and a half for a green card will almost certainly renew the EAD at least once.

Consequences: employment gaps and I-9 verification by employers

The main risk is the gap between the card's expiration date and the renewal approval date. Until USCIS issues a new card, people in (c) categories have no documented work authorization.

For the employer, this is a Form I-9 issue. Every employer in the US must document the identity and work authorization of each employee. When an EAD expires and there is no new document, the employer can no longer rely on an automatic extension as before. USCIS updated I-9 Central and the M-274 Handbook for Employers to describe the new procedure.

Example (hypothetical): a woman filed an I-485 based on marriage to a US citizen and received a category (c)(9) EAD. The card expires in March. She filed her renewal in January, that is, after October 30, 2025. Under the old rules, she would have kept working on the I-797C receipt. Now, if USCIS does not approve the renewal by March, she will have to stop working until she receives the new card. Her employer should know about this in advance, not on the last day.

What has been proposed but not yet adopted

It is important here to separate rules in effect from proposals. The two proposals below were published as notices of proposed rulemaking (NPRM). As of October 15, 2026, there are no final rules on them. Until they take effect, the current rules apply.

Proposed rule on EADs for asylum applicants (c)(8)

The proposal was published on February 23, 2026 (FR 2026-03595, "Employment Authorization Reform for Asylum Applicants"). It proposes to:

• replace the current waiting periods (150 and 180 days) with 365 days;
• add new grounds for denial, such as a late-filed I-589 and unlawful entry;
• allow USCIS to pause acceptance of initial (c)(8) applications.

As of publication, this is only a proposal. No final rule has been found.

Proposed rule on EADs for parole and deferred action

The proposal was published on June 5, 2026 (FR 2026-11285, "Clarification of Discretionary Employment Authorization for Certain Aliens"). It covers categories (c)(11), (c)(14), and (c)(18). It proposes to:

• grant EADs at USCIS discretion;
• require proof of economic need;
• require, at renewal, an employer enrolled in E-Verify;
• issue cards valid for 1 year or less.

The comment period closed on August 4, 2026. There is no final rule yet. For U4U participants and other parolees, this is the main proposal to watch.

Important: articles claiming that parole-based EADs are automatically extended for 540 days are still online. This information is outdated: for renewal applications filed on or after October 30, 2025, there is no such extension.

How much a work permit costs in 2026

Since 2025, fees under H.R. 1 have been added to the base I-765 fee for a number of categories. No fee waiver is available for these fees, and an application without the fee is rejected. The amounts are adjusted for inflation annually. The next adjustment takes effect on October 16, 2026.

The base I-765 fee for category (c)(9) and most other categories did not change in 2026 and remains at the level of the 2024 fee rule. If you file on or after October 16, 2026, use the new amounts and check them on uscis.gov before mailing: an application without the correct fee is rejected.

For other changes in fees and procedures, see our article on the USCIS interview in 2026.

Work permits by category: summary table

For Ukrainian nationals with TPS: under attorneys' reading of the statute, TPS itself is extended until April 19, 2027, by operation of law (INA §244(b)(3)(C)), but in its August 14 notice USCIS extended expired A-12/C-19 EADs only through October 19, 2026. On October 18, DHS told the press that Ukrainian TPS holders "retain protection" pending a final decision, but as of October 19, 2026, there is no Federal Register notice and no document extending EADs beyond October 19.

What to do now

1. Check your EAD expiration date and category (it is printed on the card, for example C09, C08, C11). Put the date in your calendar.
2. File for renewal as early as the allowed window permits. There is no automatic safety net anymore, so every month of USCIS processing time now counts for you.
3. Keep all I-797C notices and payment confirmations. If your renewal was filed before October 30, 2025, the I-797C is what proves the extension of up to 540 days.
4. Talk to your employer or HR in advance. Give them your EAD expiration date and renewal filing date so you can plan for a possible gap together, rather than finding out on the day of the I-9 check.
5. Check the fee amount. From October 16, 2026, new amounts apply for asylum, parole, and TPS. An application without the correct fee will be rejected, and there is no fee waiver for these fees.
6. Build a financial cushion in case of a gap in employment: shorter card validity means renewing more often.
7. Watch the two proposed rules (asylum and parole). If you are in category (c)(8), (c)(11), (c)(14), or (c)(18), a final rule may change the renewal process.
8. Consider a more stable status. If you meet the criteria, a work visa or a green card petition may reduce your dependence on an EAD: see the O-1 visa and EB-1A or EB-2 NIW. Discuss your chances with an immigration attorney.

Important: neither filing a renewal nor preparing documents guarantees that USCIS will approve the application before the card expires. Processing times depend on USCIS.

How M&M can help

• Document preparation. We prepare the I-765 and supporting package, check the category and fee amount, and make sure the application is filed within the allowed window.
• Work with partner attorneys. Questions about status, employment gaps, and risks are referred to the licensed immigration attorneys we work with.
• Long-term plan. If an EAD is a temporary measure for you, we will help assess whether EB-1A, EB-2 NIW, or O-1 fits you. Start with a free assessment or contact us.

Sources

• Federal Register: Removal of Automatic Extensions for Certain Employment Authorization Documents, 91 FR 65306, FR 2026-20955 (October 14, 2026)
• Federal Register: Employment Authorization Reform for Asylum Applicants, FR 2026-03595 (February 23, 2026, proposed rule)
• Federal Register: Clarification of Discretionary Employment Authorization for Certain Aliens, FR 2026-11285 (June 5, 2026, proposed rule)
• Federal Register: H.R. 1 fees, FY2026 inflation adjustments, FR 2025-20304
• Phillips Lytle: USCIS reduces maximum validity periods for certain EADs
• EIG Law: FY2027 inflation adjustments to H.R. 1 immigration fees
• EIG Law: new immigration fees under H.R. 1 from July 22, 2025
• Keller Immigration: USCIS fee increase October 16, 2026

This article is for informational purposes only and is not legal advice. M&M Document Preparation is not a law firm. Information is current as of October 15, 2026.