Work Permits in 2026: What You Need To Know (Simple Guide)

The Department of Homeland Security (DHS) made a big rule change in late 2025 that ended the automatic extension many people used to rely on when they filed EAD renewals on or after October 30, 2025. That means if you file a renewal after that date, your right to keep working while USCIS decides may no longer be automatic.

Before this, DHS had expanded automatic extensions — at one point allowing up to 540 days for certain renewals to avoid gaps while USCIS worked through backlogs. That rule was meant to protect workers, but it was later rescinded by the Oct. 30, 2025 interim final rule.

USCIS still publishes filing guidance for the I-765 (work permit) form and other EAD rules; check their official page for the latest forms and instructions.

What this means for you (plainly)

• If your renewal was filed before Oct. 30, 2025, the old automatic extensions may still apply until they expire.
• If you file a renewal on or after Oct. 30, 2025, you should not assume you will be allowed to keep working automatically while USCIS decides.
• Employers are updating their Form I-9 procedures and may treat expired EADs differently now, so your job could be at risk if your authorization lapses.

How to reduce your risk (easy steps)

1. Apply early. File renewals as soon as allowed — at least 6 months before your EAD expires.
2. Keep copies and receipts. Save your I-765 receipt and any USCIS notices.
3. Talk to your employer now. Ask HR what their plan will be if your EAD expires before approval.
4. Consider backup plans. Look into other legal work authorizations, or short-term support if there’s a gap.
5. Get legal help!! An immigration lawyer can review your options and check if you might be in a protected category. (Some categories were treated differently under prior rules.)

Who may be most affected

• People who file renewals after Oct. 30, 2025 (including some adjustment-of-status applicants, H-4 spouses, asylum applicants, DACA/TPS categories in some cases).
• Employers who rely on immigrant workers — they may need to change hiring practices.

FAQs

Q1. Will USCIS still allow any automatic extension at all?

Not for many renewal filings made on or after Oct. 30, 2025. Some older automatic extensions filed before that date remain in effect until they expire.

Q2. Can I keep working while my renewal is pending?

Only if you have a valid authorization. After the Oct. 30, 2025 rule change, you cannot rely on a new automatic extension for many cases. Talk to your lawyer and employer right away.

Q3. Where can I find the official rules and forms?

Start with USCIS’s I-765 page and USCIS news releases. They post the latest filing instructions and notices.

This is a high-risk moment for many workers. If your EAD is expiring soon or you plan to renew, don’t wait:

👉 Call Godoy Law Office at 630-345-4164 for a review of your options. We’ll check your category, your filing date, and your employer risks — and help you plan to avoid a gap in work authorization.

🌐 Serving clients from 7 office locations: Oak Brook • Waukegan • Elgin • Orland Park • Berwyn • Aurora • Joliet