Overview
- DHS published a final rule on Oct. 14, 2026 that ends automatic Employment Authorization Document (EAD) extensions that had allowed some timely filers to keep working for up to 540 days while renewals were pending.
- A federal judge in the Central District of California granted a narrow preliminary injunction protecting seven named plaintiffs from the EAD change, but the injunction does not block the rule nationwide.
- On Oct. 14, 2026 DHS also released a proposed rule to remove 8 CFR 214.1(c)(5), which would stop requiring USCIS officers to defer to prior I-129 approvals and is open for roughly 30 days of public comment.
- DHS estimates the changes could cause tens of thousands of EAD lapses over an 18‑month period, about 6,044 additional Requests for Evidence each year from the deference proposal, and would affect roughly 208,429 extension petitions annually.
- USCIS backlog data show more than 432,000 EAD renewals had been pending six months or longer as of June 30, 2026, which raises the practical risk that tighter rules will produce employment interruptions for workers and extra costs and delays for employers.