New work authorization requirements in 2025 will affect immigrants in Chicago in numerous ways, including providing them with more time to continue working when renewing their Employment Authorization Documents (EADs) and the ability to work with an H-2B visa, albeit with higher fees for H-1B visas and narrower worker selection.
To learn more about work authorization in the U.S. as an immigrant or non-immigrant, call 312-853-3088 to consult with the Chicago employment immigration attorneys at Cho Immigration Law.
Changes to Work Authorization Requirements in 2025
In 2025, there have been several changes to work authorization requirements that will impact immigrant workers in different ways.
Extended Automatic Extensions for EADs
In December of last year, U.S. Citizenship and Immigration Services (USCIS) published a new rule that would raise the automatic extension period for EADs from 180 days to 540 days for specific categories, provided individuals apply for a renewal on time. This provision would give workers more time to remain in the country and work while waiting to renew their EAD.
Changes to Temporary Worker Programs
The government also made key changes to H-1B and H-2B visas.
Specifically, for the entire fiscal year 2025, USCIS increased the number of H-2B non-immigrant visas by more than 64,000 to give businesses added protection from worker shortages. Some of these visas are for returning workers on whom businesses rely to meet their needs.
On the other hand, the Trump administration increased the fee for H-1B visas in September 2025, with a proclamation in place that introduced a $100,000 fee for all H-1B visa petitions going forward, which will further limit the number of H-1B visas issued due to affordability for many.
These critical changes will impact workers’ ability to continue to work in the U.S., especially when it comes to wait times and expenses.
New Work Permit Rules Impact Wait Times and Costs
The alterations to work authorization requirements in the U.S. could affect wait times and costs for many who wish to live and work in the country.
When it comes to wait times, the work authorization changes won’t generally affect EAD processing times, but the extension will allow workers to continue working legally while waiting for their renewals to finish processing.
However, regarding the wait times for H-1B visas, the shifting focus on more highly skilled and higher-paid workers could place these workers as a higher priority and impact wait times for others awaiting H-1B processing.
The most obvious change to cost will be the $100,000 fee for H-1B visas, which would greatly restrict visa applications to workers with the funds to afford it.
Steps to Maintain Legal Work Status Under New Regulations
You might wonder: Can you get deported for working without a visa? Generally, you are at risk unless you benefit from the automatic extension provision or effectively renew your EAD or another type of visa.
To prevent removal and deportation due to an expired work visa, here are steps to take based on the new work authorization requirements:
- Review your current situation and determine how the new rules will influence your ability to work in the U.S.
- Note your EAD’s expiration and apply for a new document on time to benefit from the 540-day extension period.
- Update your documentation as needed, filing a new Form I-765 and providing all accurate and relevant supporting documentation with your application.
- Inform your employer of changes made to your employment status and authorization.
- Consult an attorney for additional help with your application and to avoid issues with an expired visa.
Connect With an Immigration Attorney in Chicago
If you want to avoid problems with your work visa or apply for a new work visa under the new rules, there are ways a lawyer can help, such as:
Determining Eligibility
When applying for or renewing a work visa, an attorney can help determine whether you are eligible to work in the U.S. based on the current requirements.
Preparing Documentation
An attorney can also help prepare the necessary forms, including I-765 and other relevant USCIS forms. In the process, the attorney can help obtain and organize all the necessary supporting documents, including birth certificates, forms of identification, and proof of work experience.
Checking the Status of Your Application
The right lawyer can help you stay up to date regarding the status of your application when your green card application is pending and handle delays that might impact the process.
Depending on the delay, your employment immigration lawyer can identify the reason for the delay and take the steps to compel USCIS to proceed with your application, if possible. For example, a delay could result from a clerical error on the part of immigration officials, which could lead the attorney to provide any necessary correct documentation to correct the error and move the process along.
For help from an experienced Chicago employment immigration lawyer, contact us to speak with a member of the team at Cho Immigration Law.
FAQs About Changes in Work Permit Rules
Will a Work Permit Be Extended in 2025?
As of January 13, 2025, individuals can get an extension of their EADs of up to 540 days, up from the 180-day extension that was previously in place.
How Long Are Work Permits Taking in 2025?
The amount of time it takes to obtain a work permit in 2025 will vary based on application type, as asylum-based permits are more likely to experience delays despite a 30-day processing requirement.
How Long Can I Work After My Work Permit Expires?
Typically, you will be unable to continue working if your EAD expires unless you have filed for a renewal and benefit from an automatic extension.
