The Department of Homeland Security (DHS) has officially published a final rule in the Federal Register, permanently eliminating automatic extensions of work permits (EAD) for most immigrants renewing their employment authorization in the United States. This rule is effective immediately.
This decision solidifies the interim rule announced by USCIS on October 30, 2025, following a review of 653 public comments, none of which prompted significant changes to the policy.
The immediate impact of this rule means that anyone who submitted an EAD renewal application since October 30, 2025, will no longer benefit from the automatic extension of up to 540 days that previously kept their work permit valid while USCIS processed their renewal.
Should a permit expire before USCIS approves the renewal, the holder must cease working legally the day after the expiration date printed on their card, unless another legal basis for employment exists.
The rule itself highlights the risk with a specific example: an applicant for residency with a pending I-485 form (category C09) would find themselves without work authorization if USCIS does not process their application before the permit expires.
DHS estimates that between 20,000 and 33,000 permits could expire within an 18-month period starting May 2027.
The Impact on Cubans in the U.S.
The effects for the Cuban community are particularly severe due to the combination of immigration categories and current processing times.
The most impacted groups include asylum seekers with a pending I-589 (category C08), applicants for residency under the Cuban Adjustment Act with a pending I-485 (category C09), parolees, and holders of the I-220A form.
Currently, processing times greatly exceed the validity of the permits: renewing an EAD for a pending asylum claim (C08) can take approximately 18.5 months, while EADs for a pending I-485 (C09) take between 12 and 12.5 months.
This situation is exacerbated by a rule published in December 2025 that reduced the validity of new EADs from five years to just 18 months, narrowing the window for timely renewals.
Immigration lawyer Liudmila Marcelo warned in June 2026 that some individuals are waiting up to 13 months for their work permits.
Beyond Employment: Broader Consequences
Losing an EAD does not only mean the loss of work authorization.
For instance, in Florida, the state no longer accepts the I-797C receipt alone as a basis for issuing a driver's license for renewals submitted after October 30, 2025. An approved and valid EAD is now required, directly affecting drivers for platforms like Uber, truck drivers, and any job requiring driving.
This final rule was released alongside other measures in the DHS immigration package: an interim rule reducing the time for refugees to respond to a cancellation notice from 30 to 10 days, and a USCIS proposal to eliminate deference to prior approvals in work visa petitions.
Actions to Consider
The advice is to renew work permits as early as allowed, up to 180 days before the printed expiration date, notify employers, and update the I-9 form.
New USCIS fees take effect on October 16: renewing an EAD for asylum will cost $275, and for parole or TPS, $280.
TPS extensions established by Federal Register notice remain unaffected, and applications submitted before October 30, 2025, retain previous conditions, including potential extensions of up to 540 days.
Given the current processing times and the real risk of losing work authorization, consulting with an immigration attorney to assess individual cases is strongly recommended.
This change in work permits impacts thousands of Cubans in the U.S. Stay updated on all developments regarding visas, EADs, and more in our U.S. Immigration section.
Understanding the Impact of EAD Rule Changes
What does the new rule mean for Cuban immigrants?
The new rule removes the automatic extension of work permits, affecting many Cuban immigrants, especially those with pending asylum or residency applications, who may face gaps in their work authorization.
How should one handle the expiration of their EAD under the new rule?
It's crucial to renew the EAD as early as 180 days before it expires, update all necessary documentation with employers, and consider legal advice to navigate the new regulations effectively.
Are there any exceptions or unaffected groups by this rule?
TPS extensions announced via Federal Register notices are not impacted by this rule, and applications submitted before the cutoff date retain their previous conditions.