Work Permit Renewals After the October 2026 Final Rule
If your work permit is approaching its expiration date, we recommend reviewing your renewal plan now. Start with your current card, the receipt notice for any pending renewal, and the documents showing your immigration category. Those records help determine whether you can continue working while USCIS processes your application.
The filing date matters
On October 14, 2026, DHS published a final rule, effective that day, confirming the October 2025 rule ending certain automatic extensions of Employment Authorization Documents, or EADs. The relevant renewal filing cutoff remains October 30, 2025. [1]
For covered renewals filed on or after that cutoff, a pending Form I-765 and receipt notice do not automatically extend the EAD or associated work authorization. Certain eligible renewals properly and timely filed before the cutoff may still qualify for an extension of up to 540 days, subject to applicable conditions and limits. USCIS receipt, rather than mailing, determines the filing date. [1]
Separate extensions provided by law or applicable Federal Register notices, including certain TPS-related extensions, may still apply. The October 2026 rule does not create a new extension period. [1]
Check the basis for your permission to work
An expired card does not always mean that a person has lost permission to work. For example, people granted asylum and refugees are authorized to work based on their status. That is different from having a pending asylum application. Employers should review the applicable documentation rules before treating an expired EAD as proof that employment must end. [2]
We recommend asking two separate questions: What is the legal basis for my work authorization, and what documents can I use to establish it? A general explanation online cannot replace a review of your category and filing history.
Prepare before the expiration date
Bring the following records to your attorney when reviewing a renewal:
The front and back of your current EAD and any earlier card relevant to the renewal.
Your Form I-765 receipt notice, a copy of the application, and proof of submission.
Your most recent Form I-94, if applicable, and notices or orders concerning the immigration benefit underlying your work authorization.
Any USCIS request for evidence and your response, together with correspondence from your employer about an upcoming verification deadline.
Start planning several months ahead. Ask when your category permits filing, what evidence is required, and whether another pending application affects the renewal. Calendar the expiration date and follow up on missing notices promptly. Keep a complete copy of what you submit.
If the application is already pending, review USCIS processing information and whether the case qualifies for a service inquiry. USCIS limits when certain processing-time inquiries may be submitted. [3] Ask your attorney to evaluate any delay using your actual filing history and circumstances.
Employers should check documents carefully
When reverification is required, an employee may choose a valid document from Form I-9 List A or List C. The employer should not insist on a new EAD if the employee offers another acceptable document. An unrestricted Social Security card can qualify for reverification; a card marked as valid for work only with DHS authorization cannot serve as the required List C document. [2, 4]
We recommend reviewing approaching deadlines with employees early and applying the same verification procedures consistently. Identify the reason reverification is required, review any claimed extension, and resolve documentation questions before the deadline.
Discuss your renewal with Li Law Group
A work interruption can affect your household and your employer. We recommend reviewing your documents before the current authorization expires so you understand the available options and can prepare for any potential gap.
To discuss your immigration matter with Li Law Group, LLC in Omaha, call 402-224-6588 or visit www.lilawgp.com.
This article provides general information as of October 19, 2026. It is attorney advertising, is not legal advice, and does not create an attorney-client relationship. Later agency guidance or court orders may affect individual cases.
Sources
[1] DHS final rule, Removal of Automatic Extensions for Certain Employment Authorization Documents, 91 Fed. Reg. 65306–65368 (Oct. 14, 2026), especially pp. 65308–65311 and 65335–65336.
[2] U.S. Department of Justice, Immigrant and Employee Rights Section, Frequently Asked Questions, including refugee and asylee authorization and reverification.
[3] USCIS, e-Request, Check Case Processing.
[4] U.S. Department of Justice, Civil Rights Division, Form I-9 and E-Verify.
