Overview
- The Department of Homeland Security finalised a rule on Wednesday, October 14, 2026, that permanently ends the 540‑day automatic extension of certain Employment Authorization Documents and published a separate proposed rule to remove 8 CFR 214.1(c)(5), the deference rule for Form I‑129 extension adjudications.
- Removing regulatory deference would let USCIS officers independently reassess each I‑129 extension instead of starting by treating a prior approval as presumptively correct; officers would still be able to consider earlier approvals but would no longer be required to do so.
- The EAD final rule means eligible applicants who filed renewals on or after October 30, 2025, generally lose automatic work authorization when their current card expires and must wait for a renewed approval to resume working, with renewals usually allowed only within 180 days before expiry.
- DHS estimates the deference proposal could generate about 6,044 additional requests for evidence each year and that ending automatic extensions could cause 20,000–33,000 EAD lapses in an 18‑month window, producing measurable employer productivity and turnover costs.
- Legal and administrative fights are already under way: H‑4 plaintiffs secured a limited injunction in a California federal court, the deference change is open for roughly 30 days of public comment, and employers and immigration firms warn of more RFEs, longer adjudication times and near‑term employment interruptions, especially for many Indian H‑1B and H‑4 families.