The Department of Homeland Security (DHS) published this Wednesday in the Federal Register the final rule that permanently eliminates, effective immediately, the automatic extension of the Employment Authorization Document (EAD) for most immigrants renewing their work authorization in the United States.
The measure definitively establishes, without significant changes, the interim rule that USCIS announced on October 30, 2025, after reviewing 653 public comments to which the government did not concede on any essential point.
If the permit expires before USCIS approves the renewal, those relying on a valid EAD to work must cease their employment the day after the expiration date printed on the card, unless they have another valid work authorization based on their immigration status or another independent legal basis.
The text of the rule itself illustrates the risk with a concrete example: a residency applicant with a pending I-485 form (category C09) who renews their EAD will be left without work authorization if USCIS does not make a decision before the expiration.
DHS estimates that between 20,000 and 33,000 permits could expire over an 18-month period starting in May 2027.
Who are the most exposed Cubans?
For the Cuban community, the impact is particularly severe due to the combination of current migration categories and processing times.
The most affected groups are asylum seekers with a pending I-589 (category C08) and applicants for residency under the with a pending I-485 (category C09).
The problem is that processing times may approach or exceed the validity of the permit: the renewal of an EAD for pending asylum (C08) can take approximately 18.5 months, while EADs for pending I-485 (C09) take between 12 and 12.5 months.
This situation worsens because, according to a USCIS policy update from December 2025, the validity of new EADs in certain categories has been reduced from five years to just 18 months, further narrowing the margin for timely renewal.
Immigration attorney Liudmila Marcelo warned in June 2026 that there are people waiting up to 13 months for their work permit.
Consequences beyond employment
Losing the EAD not only means losing authorization to work.
In Florida, the state no longer accepts solely the I-797C receipt as the basis for issuing a driver's license when the renewal was submitted after October 30, 2025; it also requires an approved and valid EAD, which directly impacts drivers for platforms like Uber, truck drivers, and any job that requires driving.
This final rule was published in the same week as other measures from the DHS immigration package, including a temporary rule that reduces the timeframe for refugees to respond to a notification of status cancellation from 30 to 10 days, and a proposal from USCIS to eliminate the deference to prior approvals in work visa petitions.
What to do now?
The recommendation is to renew the within the timeframe suggested by USCIS: preferably within 180 days prior to the expiration date printed on the card, notify the employer, and update the I-9 form.
The new USCIS fees will go into effect on October 16, but the additional charges for EAD renewal remain at $275 for asylum and $280 for parole or TPS.
TPS extensions created by notice in the Federal Register are unaffected, and applications submitted before October 30, 2025, retain the previous conditions, including the potential extension of up to 540 days.
Given that current processing times create a real risk of losing work authorization, it is recommended to consult an immigration attorney to evaluate each case individually.
Este cambio en los permisos de trabajo afecta a miles de cubanos en EE.UU. Sigue todos los detalles y novedades sobre visas, EAD y más en nuestra sección de
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