Overview
- The Department of Homeland Security finalized a rule that took effect on October 14, 2026, removing automatic up‑to‑540‑day extensions for employment authorization renewals filed on or after October 30, 2025.
- Renewals filed before October 30, 2025 may still qualify for the 540‑day extension and some categories with separate legal authority, such as certain TPS notices, remain exempt from the change.
- USCIS backlog data show roughly 432,000 EAD renewals were pending more than six months and about 91,000 were pending more than a year, increasing the chance that workers will face gaps in authorization without the automatic extension.
- USCIS implemented policy alert PA‑2026‑15 on October 23, 2026, which changes how filing and deadline dates are calculated and reduces next‑business‑day allowances for eligibility‑based cutoffs, creating new timing risks for applicants and employers.
- DHS has also proposed rules to remove a discretionary up‑to‑60‑day post‑termination grace period and to end mandatory deference to prior I‑129 approvals; both proposals are open for public comment with one comment window closing on November 10, 2026, and could further shift legal and operational burdens onto workers and employers.