DHS Issues Rule to End Automatic Renewals for Work Permits

The Center for Immigration Studies (CIS) submitted a public comment on December 1, 2025, to support the U.S. Department of Homeland Security (DHS)’s interim final rule (IFR), titled “Removal of the Automatic Extension of Employment Authorization Documents”. Here, DHS amended its regulations to end the Biden-Harris administration policy of issuing a 540-day automatic extension for certain work authorization renewal applicants.

The automatic extension policy was originally put into place as a temporary measure to accommodate long processing times during the Biden-Harris administration. The long processing times were caused by that administration’s sharp expansion of U.S. Citizenship and Immigration Services (USCIS)’s humanitarian docket and the agency’s fiscal troubles, caused in part by the Covid-19 pandemic, litigation, and the severe and prolonged border crisis. Shortly before the change of administrations, however, the Biden administration issued a final rule to make the temporary accommodation permanent, regardless of agency need.

The Trump administration issued this IFR on October 30, 2025, to repeal the regulatory language authorizing the permanent automatic extension. Some exceptions to this policy still apply. For example, automatic extension provisions tied to certain statutory requirements or Federal Register notices (such as those for Temporary Protected Status‐based EADs) may remain in force. Additionally, nothing in this rule prevents the agency from issuing a new temporary rule if future circumstances prevent USCIS again from completing EAD renewal applications within reasonable timeframes.

In the preamble of the IFR, DHS explained that the automatic extension posed a security vulnerability because it allowed the agency to grant the immigration benefit “without an eligibility determination; without completing vetting and screening checks; without resolving potential hits of derogatory information; and, when applicable, without a determination that the employment authorization should be granted in the exercise of discretion”. Accordingly, DHS declared that ending the automatic renewal practice would allow the agency to “fulfill its mission by prioritizing the proper vetting and screening of aliens before granting a new period of employment authorization and/or a new [employment authorization document (EAD)].”

CIS submitted a public comment supporting the agency’s decision to require USCIS to fully adjudicate a renewal application before extending the validity period for EAD. CIS argued that the rule’s safeguards are essential to maintaining the credibility and enforceability of the employment eligibility verification system. Moreover, the automatic extension period has made it more difficult for DHS to rescind benefits given to removable aliens, when appropriate.

CIS also recommended in its public comment that DHS amend its policies and regulations to limit employment authorization eligibility to only those categories of aliens who are explicitly authorized to work by statute. Automatic extensions were practical accommodations given while USCIS was experiencing unusually high processing times. However, the backlog itself is a symptom of over-expansion of work-authorization categories and filings, which diverts USCIS resources and contributes to potential abuse. Focusing USCIS resources on applicants who are eligible under statute will increase administrative efficiency and mitigate the risk that an applicant’s EAD expires before an immigration officer is able to make a decision on their renewal application.