Legislative lowdown: USCIS won’t automatically extend work authorization for refugees, asylum-seekers

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Foreign-born workers who are awaiting renewal of their US work authorization may not see it automatically extended under an interim final rule issued by the Department of Homeland Security (DHS) on Oct. 30.

Prior to this policy, US Citizenship and Immigration Services (USCIS) would automatically extend the validity of certain workers’ employment authorization documents (EADs) for up to 540 days if they filed to renew them in a timely manner. The agency will no longer do this for EADs filed on or after Oct. 30, except in a limited number of cases, it recently said.

Among the workers who will be affected by this policy include refugees, asylum-seekers, and temporary protected status-holders.

Why DHS is axing automatic extensions. The interim rule is intended to allow USCIS to vet foreign nationals who apply for authorization to work in the US more frequently, the agency said in a statement. “It’s a commonsense measure to ensure appropriate vetting and screening has been completed before an alien’s employment authorization or documentation is extended,” said Joseph Edlow, a previous contributor to Project 2025 and director of USCIS, which sits within the DHS.

The end of automatic extensions means some nonimmigrants (i.e. those who are here to work temporarily) may be unable to work in the US while they wait for an EAD renewal to go through. The longer an applicant waits to file for their EAD renewal, “the more likely it is that they may experience a temporary lapse in their employment authorization or documentation,” USCIS said.

Workers who have EADs may apply to renew them up to 180 days before they expire, but lengthy processing times may prompt such lapses.

What this means for firms employing foreign talent. Whereas HR teams previously relied on automatic extensions to ensure some foreign-born employees could continue to work legally with their company, this policy change means certain nonimmigrants whose EADs expire will lose their employment authorization until a renewal is granted.

A number of different categories of non-US citizens are affected by this policy, including refugees, asylum-seekers, as well as those who’ve been granted temporary protected status (TPS). Certain TPS applicants will be exempt from the rule if the USCIS determines on initial review that they’re eligible for TPS, and can receive an EAD as a “temporary treatment benefit.”

Other types of foreign-born employees, such as those on H-1B visas, don’t require an EAD to work in the US legally and thus won’t be affected by this rule change.

This interim rule is the latest Trump administration policy change that could hamper companies’ ability to hire and retain foreign-born talent. In September, the White House announced it will impose a $100,000 fee on H-1B visa applications, prompting employers to reconsider how they’ll recruit highly skilled talent from outside the US. The administration has also ended TPS for migrants from countries including Venezuela, prompting employers like Walmart and Disney to lay off workers who were set to lose their work authorization.