Renewing your work permit without losing your job: a guide for Cubans after the end of the automatic extension

Cubans who need to renew their work permit in the United States should be aware of a change that can directly affect their employment: submitting the application on time no longer guarantees that they can continue working if the card expires before the U.S. Citizenship and Immigration Services (USCIS) approves the renewal.

The Department of Homeland Security (DHS) published on October 14, 2026, a final rule confirming the removal of the automatic extension of up to 540 days for certain Employment Authorization Document (EAD) renewals.

The measure upholds the decision implemented since October 30, 2025, and affects, among others, asylum seekers and individuals applying for permanent residency through a status adjustment.

Those who depend solely on their EAD to work may have to interrupt their employment if the document expires before receiving the renewal, unless they have an applicable extension or another valid authorization.

What changed with the automatic extension of the work permit?

Before the change in October 2025, certain individuals requesting the renewal of their EAD before expiration could benefit from an automatic extension of up to 540 days, provided they met the requirements set by USCIS.

During that period, the expired card and the I-797C receipt notice could serve together as proof of employment authorization.

The provisional rule published on October 30, 2025 removed that benefit for applications submitted from that date onward, with the exceptions outlined in the regulation.

The final rule published on October 14, 2026, confirmed the decision without introducing substantial changes. DHS reported receiving 653 public comments and defended the need to complete the necessary verifications before granting new periods of work authorization.

In practice, the receipt of a renewal submitted under the new rules does not automatically extend the work permit. If the EAD expires before USCIS approves the application, another valid authorization will be needed to continue working legally.

Which Cubans are affected?

The elimination of the general automatic extension affects certain categories of EAD, including several used by Cuban immigrants:

• C08: asylum seekers with a pending case, including some Cubans with I-220A who have an asylum application in process.
• C09: individuals with a pending status adjustment application (form I-485), including those seeking to obtain residency under the Cuban Adjustment Act.
• A05: individuals who have been granted asylum.
• A03: refugees.
• A10: individuals with withholding of removal.

If you have an EAD from any of these categories and submitted your renewal on October 30, 2025, or later, you cannot benefit from the general automatic extension that has been eliminated by the regulation.

The category is printed on the work permit in the "Category" section.

However, there are exceptions and situations that must be evaluated individually:

• Requests made before October 30, 2025: can retain the automatic extension of up to 540 days if they meet the corresponding requirements, including timely submission.
• Permissions related to TPS: certain extensions provided by law or through specific notices in the Federal Register may remain valid.
• Parole Permissions (C11): this category was not included in the general automatic extension that was eliminated by the rule. Holders must verify the validity of their work authorization.
• Individuals with another authorization to work: the expiration of an EAD card does not necessarily mean the loss of the right to work if there is another valid legal basis.

Therefore, before assuming that you must suspend your employment, it is advisable to check if any exception or independent authorization applies to your situation.

When should you apply for the renewal of the EAD?

USCIS recommends applying for renewal well in advance. For many categories, it allows filing Form I-765 up to 180 days before the expiration of the current permit.

This deadline is not the same for all immigration categories. Before submitting your application, you should check the instructions relevant to your situation.

To reduce the risk of temporarily losing your work authorization:

1. Check the expiration date and category of your EAD.
2. Check when USCIS allows the submission for the renewal corresponding to that category.
3. Prepare the necessary documents and payments in advance.
4. Submit the application as soon as it is permitted, without waiting for the final days of validity.
5. Consulta los USCIS processing times para el formulario I-765.

The final rule from the DHS warns that submitting a renewal too close to the expiration date increases the risk of the permit expiring before a decision is received.

The official instructions are available on the I-765 form page. You can also refer to the .

How much does it cost to renew the work permit?

The cost of renewing an EAD depends on the immigration category, the submission method, and any additional fees that may apply.

In addition to the regular fee for Form I-765, certain applications are subject to charges established by law H.R. 1, which are not eligible for exemption or reduction.

According to the tariff update effective from October 16, 2026, the additional amounts for certain renewals are:

• Asylum seekers: 275 dollars.
• People with paroles: 280 dollars.
• TPS Beneficiaries: 280 dollars.

These amounts correspond to additional fees and do not necessarily represent the total cost of the process. The standard fee for the I-765 and other applicable charges must be verified according to the category and current USCIS instructions.

It is important to verify the amount before submitting the application, as an incorrect payment may lead to its rejection and delay the renewal.

To learn about other recent changes, check out the new USCIS immigration fees and their effects on Cubans.

What happens if your permit expires before you receive the new one?

If your EAD expires while USCIS is still processing the renewal and you do not have an applicable extension or another valid work authorization, you will not be able to continue working legally until you recover that authorization.

The final rule of the DHS expressly addresses the case of a person with a pending adjustment of status who must stop working when their EAD expires because they have not yet received the renewal and lack another form of authorization.

The expiration can have consequences in various areas:

• Employment: the employer must fulfill the obligations for re-verification of the I-9 form when applicable. The employee may submit other acceptable documents that verify their work authorization, if they have them.
• Driver's license in Florida: si el EAD es el documento utilizado para acreditar la presencia legal, su vencimiento puede complicar la renovación de la licencia. No obstante, el Florida Department of Highway Safety and Motor Vehicles admite distintos documentos migratorios según la situación del solicitante.
• Immigration status: the expiration of the EAD does not automatically cancel a pending asylum application or status adjustment. Work authorization and immigration status are separate issues.

DHS estimates that between 20,000 and 33,000 permits could expire without their renewals being completed on time over an 18-month period starting in May 2027.

Can you expedite the renewal if you are about to lose your job?

If you have already requested renewal and the expiration date is approaching, you can check if you meet the requirements to request expedited processing from USCIS.

The agency considers this possibility under certain circumstances, including a severe economic loss for an individual or company.

According to the official USCIS guide on expedite requests, the risk of losing employment may be pertinent to demonstrating severe economic hardship, depending on the circumstances and available evidence.

However, a request for expedited processing does not guarantee that the application will be approved nor that USCIS will issue a decision before the expiration of the permit.

To request it, you can contact the USCIS Contact Center, use the virtual assistant Emma, or check the available options in your online account.

It is advisable to have ready:

• The receipt number of the renewal application.
• A letter from the employer explaining the consequences of the expiration of the permit.
• Documentation demonstrating a possible severe economic loss.
• Any other evidence related to the urgency of your situation.

USCIS also considers whether the urgency is due to a late submission attributable to the applicant. Additionally, expediting the review does not eliminate security checks nor guarantee approval.

If there is a risk of job interruption, it is advisable to talk to the employer before the deadline to understand the available options.

Are there any other changes expected for parole permits?

The DHS published on June 5, 2026, a proposed rule regarding certain discretionary employment authorizations, including category C11 for individuals with parole.

The proposal includes additional requirements related to economic needs, the E-Verify system, and certain criminal records.

As of October 18, 2026, the measure remained a proposal and not a final rule. Therefore, any potential changes should not be confused with the elimination of the automatic extension, which is already in effect.

Cuban nationals who rely on a parole can also check what happens when that permit expires and what immigration options they can consider.

If your case includes a deportation order, criminal record, a change in immigration status, or other special circumstances, it is advisable to consult with a licensed immigration attorney or a representative accredited by the Department of Justice.

Legal notice: this article provides general information and does not constitute legal advice. U.S. immigration regulations and policies may change. To assess your specific situation, consult with an authorized professional.