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  7. Lawsuit challenges DHS rule that ended automatic work-permit extensions

Lawsuit challenges DHS rule that ended automatic work-permit extensions

Apr 22, 2026
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Lawsuit challenges DHS rule that ended automatic work-permit extensions
A coalition of immigrant workers and advocacy groups filed suit in the U.S. District Court for the District of Columbia on 20 April (publicly docketed 21 April) arguing that U.S. Citizenship and Immigration Services (USCIS) violated the Administrative Procedure Act when it scrapped the long-standing 540-day automatic extension of Employment Authorization Documents (EADs). The interim final rule, issued without a notice-and-comment period, now forces tens of thousands of renewal applicants into potential lapses in work permission while their cases sit in back-log queues. Plaintiffs claim the agency ignored economic evidence—submitted during the Biden era—to show that automatic extensions prevent avoidable job losses and disruptions for employers.

Lawsuit challenges DHS rule that ended automatic work-permit extensions


For companies and individuals trying to stay ahead of shifting U.S. work-authorization rules, VisaHQ can help streamline document preparation and filing logistics. The platform offers real-time status tracking, deadline alerts, and expert guidance on U.S. employment authorizations alongside visas for more than 200 jurisdictions; see https://www.visahq.com/united-states/ for details.

They are seeking a preliminary injunction that would reinstate the grace period until USCIS completes full rule-making. The case comes as pending immigration benefits have swollen to nearly 12 million, according to agency statistics, meaning adjudication timelines for many EAD categories already exceed the card’s validity. For global-mobility teams, the rule change has become a major compliance hazard: employees in adjustment-of-status, TPS, or certain H-4 and L-2 categories may suddenly find themselves barred from payroll or client sites if their renewed EADs do not arrive in time. Multinational employers have been scrambling to create shadow-status tracking systems, file earlier renewals, or move affected staff to overseas roles. If the court grants relief, HR and mobility managers would regain a critical buffer as they navigate USCIS backlogs amid the ongoing DHS partial shutdown. But a protracted legal battle could prolong uncertainty—and the prospect of sudden work stoppages—well into peak summer travel and assignment season.

American Visas & Immigration Team @ VisaHQ

VisaHQ's expert visas and immigration team helps individuals and companies navigate global travel, work, and residency requirements. We handle document preparation, application filings, government agencies coordination, every aspect necessary to ensure fast, compliant, and stress-free approvals.

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