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Visa & ImmigrationNov 5, 202616:55 (PT)

DHS finalizes rule ending automatic work-permit extensions; two Republican lawmakers urge ending H-1B

Key points

  • DHS finalized the rule ending automatic EAD extensions on October 14, effective that day
  • Rep. Greg Steube's EXILE Act (H.R. 7451) would set the H-1B cap at zero from fiscal 2027; no further progress
  • Rep. Riley Moore called H-1B and OPT a "scam"

The Department of Homeland Security (DHS) published a final rule in the Federal Register on October 14, finalizing an interim rule from October 30, 2025 that ends automatic extensions of work permits (EADs). The rule took effect the same day. Florida Rep. Greg Steube urged ending H-1B entirely and backed his EXILE Act (H.R. 7451), introduced February 9, which would set the H-1B annual cap at zero starting fiscal 2027; there has been no further progress. West Virginia Rep. Riley Moore called the H-1B and OPT programs a "scam." This is for reference only and does not constitute legal advice.

What employers should do

  1. Identify employees holding EADs and confirm expiration dates rather than relying on automatic extensions
  2. Schedule renewal filings early and communicate the rule change to affected employees

Policy details

Jurisdiction
Federal
Status
In effect
Effective date
2026-10-14
Employers covered
Employers of foreign workers and spouses holding EADs
Official source
View official source ↗
Original report: MorungExpress ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.