Overview
- The department finalised a rule that ends automatic employment‑authorization document (EAD) extensions and removes the temporary 540‑day work permit safeguard, with the rule taking effect on publication in the Federal Register on Oct. 14.
- DHS published a separate proposed rule to remove 8 CFR 214.1(c)(5), which would stop requiring USCIS to defer to earlier approvals when adjudicating Form I‑129 petitions used for H‑1B, L‑1 and other worker extensions and would open a 30‑day public comment period ending Nov. 13.
- DHS justified both actions by saying the changes restore the petitioner’s burden of proof and improve fraud detection, citing USCIS site‑visit data that showed higher non‑compliance rates during fiscal 2022–2025 for extension sites.
- Advocates, employers and immigration lawyers warn the moves could drive more requests for evidence, longer processing times, tens of thousands of temporary EAD lapses and severe disruption for workers who can only renew within 180 days of expiry.
- The EAD rule is already the subject of litigation after a January suit by H‑4 holders produced a limited preliminary injunction for some plaintiffs in September, and the deference change would reverse a policy first set in 2004 then restored and codified in 2024.