Overview
- The rule was finalized and took effect on October 14, 2026, removing the automatic 540-day extension that previously let certain applicants keep working while their EAD renewals were pending.
- The change affects H-4 spouses, adjustment‑of‑status applicants, asylum seekers, refugees, asylees and Temporary Protected Status beneficiaries who had relied on the 540‑day protection.
- A narrow preliminary injunction issued by a U.S. district court in California on September 10, 2026 protects only seven plaintiffs and does not block the rule nationwide.
- USCIS backlog data cited in reporting showed more than 432,000 EAD renewals pending at least six months as of June 30, 2026, raising concerns that many workers could face gaps in pay or job loss while waiting for adjudication.
- Separately, DHS has proposed ending deference to prior approvals for some nonimmigrant extensions, a step that could produce more documentation requests, longer reviews and added costs for employers and applicants if finalized.