The Trump administration has rolled out another set of rules restricting work permit availability, even as USCIS faces a massive application backlog. These changes eliminate critical safeguards that allowed workers to continue employment while their renewal applications were pending, forcing a choice between job security and processing delays.
What changed
The Trump administration unveiled the third in its trio of new regulations to make work permits harder to apply for and make people apply for them more often. The most significant change eliminates automatic extensions for work permits.
Previously, USCIS had a longstanding practice of automatically issuing an “interim” work permit if processing a renewal application took more than 90 days. The Trump administration has eliminated this option.
Under a draft regulation, DHS would halt the acceptance of work permit applications and renewals when average processing times exceed 180 days, and extend the time asylum seekers must wait before becoming eligible to apply for a work permit from 150 days to 365 days.
Additionally, the proposed regulation would suspend the acceptance of asylum work permit applications until USCIS reaches the point where it decides all asylum cases within an average of 180 days, which would almost certainly amount to an indefinite pause.
Why it matters
As of February 2026, two-thirds of work permit applications had been pending for more than 6 months, yet the administration is narrowing — not expanding — the pathways for workers to maintain employment during delays caused by USCIS itself.
For practitioners, this means your clients face immediate risks:
- Workers applying for work permit renewals may lose employment authorization before their applications are approved, even if they filed timely
- The elimination of interim work permits closes the last safety valve for people caught in USCIS delays
- For immigrants whose work permits are valid for only one year, the consequences are especially severe: if they don’t apply early and don’t reach the front of the line before expiration, they’re left without authorization
- The regulation itself acknowledges that the pause on asylum work permits could last “many years,” predicting between 14 and 173 years to adjudicate asylum cases within the new 180-day standard
These changes create more work for USCIS adjudicators, who will now need more time to scrutinize applications and have more applications to scrutinize, expanding a backlog already at 11.6 million pending applications as of September 2025.
Way forward
For practitioners:
- Advise clients applying for work permit renewals to file as early as possible — do not wait until near expiration
- Document filing dates and USCIS receipt notices carefully; you will need evidence of timely filing if authorization lapses before approval
- Monitor the Federal Register for the final version of these rules and any litigation challenging them
- Explore alternative work authorization pathways (H-1B, L-1, etc.) where clients may be eligible, since traditional routes are narrowing
For clients:
- Do not delay work permit renewal applications; file at least 6 months before expiration, given current processing times
- Prepare for possible gaps in work authorization by reviewing employer options and communicating early with HR
- Stay informed about legal challenges to these rules, which may affect their final implementation
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Fola Editorial is not a law firm and cannot represent you in immigration proceedings. Immigration law is complex and policies change frequently without notice. Please consult a licensed immigration attorney before making decisions about your work authorization status or renewal strategy. Verify all information against the primary source linked above and current USCIS guidance.