Trump Administration Alters Immigration Work Permit Policy
WASHINGTON – In a significant shift, the Trump administration is undoing a policy from the Biden era that previously allowed immigrant work permits to be extended automatically for about 18 months, citing concerns over national security.
Officials from the Department of Homeland Security made the announcement on Wednesday, introducing an Interim Final Rule. This change will remove the 540-day grace period that immigrants had to renew their Employment Authorization Documents (EADs).
Many immigrants who arrived in the U.S. under former President Biden are facing significant backlogs, which hindered their ability to renew these permits within the previously set six-month time limit.
Homeland Security Secretary Kristi Noem stated in the interim final rule that the old policy compromised the necessary “rigorous review” of applicants.
She pointed to an event on June 1, 2025, when a foreign national attacked peaceful protesters with incendiary devices, illustrating the risks involved. “The need for a complete and thorough review of EAD renewal applicants to mitigate potential risks to public safety and national security was made abundantly clear,” she noted.
Noem described how the individual had entered the U.S. in August 2022 and remained even after losing nonimmigrant status, which underscores the importance of thorough vetting.
Mohamed Sabri Soliman, the Egyptian national involved in the incident, was indicted on 118 counts for throwing Molotov cocktails at demonstrators commemorating Israeli hostages in Boulder, Colorado.
Despite applying for asylum in September 2022, Soliman’s application was still pending at the time of the attack. He had an EAD linked to his asylum application, which had been automatically extended under the previous rules.
The occurrence emphasizes the urgency for proper vetting to ensure that foreign nationals are not granted immigration benefits without thorough scrutiny, Noem added.
In fiscal year 2024, over 1.3 million noncitizens renewed their work permits, as reported by U.S. Citizenship and Immigration Services.
The rule, effective October 30, includes specific exceptions for some foreign nationals utilizing work permits under Temporary Protected Status (TPS).
Previously, the Biden administration had extended the grace period from 180 days to 540 days back in December 2024, broadening access to work permits for various immigrant categories, including asylum seekers and spouses of H-1B visa holders.
With this new rule, the grace periods will cease to exist, compelling employers to terminate the positions of some foreign workers who no longer qualify under this revised framework.
Joseph Edlow, the Director, emphasized that the agency is refocusing on rigorous vetting processes, moving away from previous policies that prioritized convenience for immigrants over the safety of American citizens. “All aliens must remember that working in the United States is a privilege, not a right,” he stated.
