PolicyBrief
S.J.RES. 99
119th CongressDec 10th 2025
A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by U.S. Citizenship and Immigration Services relating to "Removal of the Automatic Extension of Employment Authorization Documents".
IN COMMITTEE

This joint resolution seeks to nullify the USCIS rule that removes the automatic extension for Employment Authorization Documents.

Jacky Rosen
D

Jacky Rosen

Senator

NV

LEGISLATION

Congress Moves to Save Automatic Work Permit Extensions, Blocking USCIS Rule Change

This joint resolution is short, sweet, and highly effective: it’s Congress stepping in to cancel a recent rule change from U.S. Citizenship and Immigration Services (USCIS) that dealt with work permits. Specifically, the resolution disapproves the USCIS rule titled “Removal of the Automatic Extension of Employment Authorization Documents” (EADs).

The Paperwork Pause That Refreshes

What does this mean for the real world? For non-citizens who have applied to renew their work permits (EADs), the current system allows them to keep working legally for a set period—often 180 days—while USCIS processes their renewal application. This is the “automatic extension.” It’s a necessary stopgap because the agency’s processing times can be notoriously slow, sometimes taking months or even years. The USCIS rule that this resolution targets was designed to remove that automatic extension, which would have created massive headaches for thousands of employees and their employers.

Keeping the Lights On: Why This Matters

If the USCIS rule had gone into effect, it would have meant that once an EAD expired, the worker would have to stop working immediately until the physical new card arrived. Imagine being a software engineer, a nurse, or a construction manager who has filed their renewal paperwork correctly, only to have their legal right to earn a living suddenly vanish because the government is slow. This resolution, by nullifying the USCIS rule, maintains the status quo (Section 1). It ensures that people who have played by the rules and filed their renewals can continue working without interruption, keeping their income flowing and their employers staffed.

Stability for the Workforce

This move provides essential stability for both workers and businesses. For the employer—say, a small manufacturing plant or a tech startup—losing skilled staff unexpectedly due to bureaucratic delays is a major hit to productivity and the bottom line. This resolution prevents that disruption. It confirms that the system will continue to rely on the automatic extension provisions that were already in place before USCIS tried to change them. Essentially, Congress is using its oversight power under the Congressional Review Act to tell the administrative agency, “Not so fast, we prefer the system that keeps people employed and businesses running smoothly.”