The final rule that makes the end of automatic work-permit extensions permanent has cleared White House review. The Office of Information and Regulatory Affairs (OIRA) logged its review of RIN 1615-AD05, Removal of the Automatic Extension of Employment Authorization Documents (Final Rule) as concluded on September 9, 2026. The result was “Consistent with Change,” meaning DHS made revisions during review. DHS sent the rule to OIRA on June 23. As of October 3, the final rule has not appeared in the Federal Register or on its public-inspection list, so the revised text is not yet public.
The policy is already in force. DHS ended automatic extensions through an interim final rule published October 30, 2025 (90 FR 48799). It took effect the same day, and comments closed December 1, 2025. Before that, a timely-filed renewal in eligible categories carried an automatic extension of up to 540 days. That cushion covered USCIS processing times, which often run longer than the card being replaced. For renewals filed on or after October 30, 2025, there is no bridge. When the old card expires, work authorization lapses until the new card arrives. The final rule settles the procedural question. Litigants have argued that an interim rule issued without advance notice and comment is legally vulnerable.
That vulnerability is being tested. At least two federal suits challenge the interim rule under the Administrative Procedure Act. One was filed April 20, 2026 in the District of Columbia, the other June 3, 2026 in the Western District of North Carolina. Both argue DHS lacked “good cause” to skip notice and comment. Congress declined to step in: on April 29 the Senate voted 47–50 against S.J.Res. 99, the Congressional Review Act resolution to overturn the rule. A final rule issued after review of the comment record would likely make the procedural challenge harder, though the published text will show how far DHS went to address the comments.
USCIS is already writing the old system into the past tense. In an October 2, 2026 technical update to Volume 10, Part A of the Policy Manual, the automatic-extension section now says only that applicants who filed renewals before October 30, 2025 “may have received” extensions. The interim rule did not cut short extensions granted before that date, or extensions that come by statute or Federal Register notice, such as TPS. Timing to watch: the EB-5 fee rule cleared OIRA the same day, September 9, and was published September 30. A final rule can follow clearance within weeks, but there is no set deadline.
What this means for you: if you hold an EAD as an H-4 spouse, an adjustment applicant (c)(9), an asylum applicant, or in another renewable category, treat your card’s expiration date as a hard stop. File renewals as early as USCIS allows, generally up to 180 days before expiration. Tell your employer’s HR team the expiration date well in advance, because they must reverify on Form I-9 when the card expires. Employers should map out which workers’ cards expire before likely approval dates. We will report the final rule’s text and effective date when it publishes.
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Source: Reginfo.gov - OIRA concluded reviews (orchestrator primary-source sweep)