A work permit is more than just a document. It allows immigrants to support their families, build careers, and live with stability in the United States. But for many applicants, getting that permit has become a long and frustrating process.
Work permits, officially called Employment Authorization Documents (EADs), let immigrants work legally while they wait for visa approvals, green cards, or other immigration benefits. When these permits are delayed, lives are put on hold. Job opportunities are lost, and families face financial and emotional pressure.
At The Chidolue Law Firm, we see how these delays affect real people every day. Understanding the reasons behind work permit backlogs can help you plan your next steps and protect your rights with confidence.
Causes of the Backlogs
Work permit delays in the United States are not caused by one single issue. Several challenges within the immigration system have combined to slow down processing and create long waiting periods for applicants. Understanding these causes can help immigrants and employers better prepare for what lies ahead.
Surge in Work Permit Applications
One major reason for the backlog is the sharp rise in Employment Authorization Document (EAD) requests. As more immigrants apply for asylum, humanitarian programs, or renewals while waiting for green cards, the number of work permit applications continues to grow faster than USCIS can process them.
In fact, official USCIS data shows that the agency’s overall pending workload, including work permits and other immigration applications, reached a record high of over 11.3 million pending cases in recent reports, highlighting how demand far outpaces processing capacity.
USCIS Resource and Staffing Challenges
Another key factor is the strain on USCIS resources. The agency is responsible for handling millions of immigration cases each year, and it has faced staffing shortages, funding limitations, and pandemic-related disruptions that reduced processing efficiency. Combined with rising application volumes, these resource constraints make it harder for USCIS to keep up with demand, leading to delays in work permit approvals.
Processing Inefficiencies and System Delays
Outdated systems and manual procedures have also played a role. Many applications still require multiple in-person steps such as biometric appointments and background checks, and legacy processes can create bottlenecks. If background checks uncover issues or require coordination with other agencies, cases slow even further, extending wait times for applicants.
Impact of Policy Changes and Security Reviews
Policy changes and heightened security reviews have added another layer of delay. Efforts to prevent fraud and ensure thorough vetting mean that even routine renewals often receive extra scrutiny. While these measures are intended to protect the immigration system, they frequently extend waiting periods for people seeking work authorization.
Lengthy Waiting Times
Many immigrants face long delays for work permit approval in the United States. These waits affect people across different categories, from asylum seekers to spouses of temporary visa holders. Understanding the causes and timelines can help applicants prepare and plan ahead.
Average Work Permit Processing Times
Official USCIS historical processing data for Form I-765 based on a pending I-485 adjustment application shows that the median processing time in fiscal year 2025 was 2.2 months, reflecting a notable improvement compared to previous years. This figure represents national median performance across USCIS offices and demonstrates that many applicants in this category receive decisions within a relatively short period.
However, real-world experiences can still vary depending on background checks, service center workload, and individual case factors, meaning some applicants continue to face longer waits despite the improved average.
Extended Delays Beyond Normal Timelines
While some applicants are processed within a typical timeframe, many others experience extended delays. At the end of the most recent fiscal year, there were over 1.6 million pending EAD applications waiting for a decision, and large portions of these have been pending longer than six months. These longer timelines have real consequences. Work authorization is essential for many immigrants to start jobs, continue careers, and support their families. When permits are delayed, individuals may lose job offers, face uncertainty, or struggle to meet financial needs.
Asylum Seekers and Work Permit Waits
For asylum seekers, the wait begins even before an EAD application can be filed. Under U.S. law, asylum applicants must wait at least 150 days after submitting their asylum claim before they become eligible to request a work permit. After that waiting period, the application itself still requires processing, which can take many additional months. For people already living in the United States without work authorization, this extended timeline can lead to long periods without legal employment.
Work Permit Renewals for Visa Holder Spouses
Spouses of temporary visa holders, such as those in H-4 status married to H-1B workers, also face longer wait times for work permit renewals. In the past, these renewals could be filed together with the main visa extension to speed up approval. Recent policy changes have separated these processes, meaning a spouse may have to stop working if their current permit expires before the renewal arrives. These delays have added to the overall backlog and left many families in difficult situations.
Who Is Most Affected? (Workers and Industries)
Work permit delays do not affect only one group. They touch immigrants across many visa categories and industries, creating uncertainty for workers, families, and employers. From asylum seekers to highly skilled professionals, the impact is widespread and often severe.
Asylum Seekers and Refugees
Asylum seekers make up one of the largest groups waiting for work authorization. These are individuals who fled persecution and are legally allowed to request work permits while their asylum cases are pending. Delays leave many unable to work for months, even when they have strong skills and job offers. Asylum seekers contribute to industries such as manufacturing, hospitality, caregiving, and professional services. When their permits are delayed, businesses lose willing workers, and families struggle to meet basic needs.
Temporary Protected Status Holders
Temporary Protected Status allows nationals from crisis-affected countries to live and work legally in the United States. Hundreds of thousands of TPS holders are employed in construction, hospitality, transportation, and healthcare. When EAD renewals are delayed, these workers are forced to stop working even though they remain legally present. Employers in labor-dependent industries feel the pressure immediately, and local economies suffer from the sudden loss of experienced employees.
Family-Based Immigrants Waiting to Adjust Status
Spouses and children of U.S. citizens and permanent residents often rely on interim work permits while they wait for their green cards. Many of these applicants are ready to join the workforce but cannot do so without an approved EAD. The waiting period keeps qualified individuals out of jobs they could fill today, increasing financial stress on families and reducing the pool of available workers for employers.
High-Skilled Professionals and Their Spouses
The technology and STEM sectors are especially affected by delays for H-4 EAD holders, the spouses of H-1B professionals. Many of these spouses are highly educated and work in fields such as software development, finance, and engineering. When renewals take too long, families lose income and companies lose valuable talent. Businesses that depend on specialized skills face disruptions when an employee must pause their career because a spouse’s work permit has not arrived on time.
Healthcare and Other Essential Workers
Immigrants play a critical role in hospitals, clinics, elder care, and home health services. Many of these workers hold status that requires regular EAD renewals. When permits are delayed, healthcare providers struggle with staffing shortages at a time when demand for medical services continues to grow. Similar challenges appear in hospitality, food services, and childcare, where immigrant labor is essential to daily operations.
International Students and Recent Graduates
International students depend on Optional Practical Training to begin their careers in the United States after graduation. These graduates fill important roles in science, technology, and business. Any slowdown in EAD processing can prevent them from starting jobs on time, creating uncertainty for both the graduates and the companies that recruited them. Industries that rely on fresh talent often feel these delays immediately.
USCIS Processing Delays and Reasons
USCIS—the agency that reviews work permit applications—has publicly acknowledged that processing delays remain a major issue across immigration benefits, including Employment Authorization Documents (EADs). These delays are not random. They stem from a mix of record workloads, staffing challenges, procedural hurdles, and external pressures that have built up over years.
Record Backlogs Strain the System
One of the main reasons for slower processing is the sheer volume of pending cases. USCIS has been handling an unprecedented number of applications across all categories. Official data shows that by mid-2025, the total number of pending immigration cases, including work permits, green cards, visas, and naturalization applications, reached over 11.3 million, the highest level in the agency’s history. This overwhelming backlog means officers must manage more cases than ever before, slowing adjudication times for every benefit category.
Funding and Staffing Challenges
USCIS is primarily funded by application fees, and budget shortfalls have historically made it difficult to expand staffing quickly. In 2020, the agency came close to furloughing staff due to a revenue crisis, which deepened backlogs. Although Congress provided additional funding in 2024 to help reduce delays, hiring and training new officers takes time. Some service centers and field offices remain understaffed, and uneven workloads between locations contribute to inconsistent wait times for applicants.
Security Checks and Vetting Procedures
Every work permit applicant undergoes background checks and security screening as part of the standard process. Cases involving common names, potential record matches, or hits in security databases require extra review, which adds time. USCIS leadership has emphasized the importance of “robust screening and vetting,” and policymakers have insisted on thorough reviews before extending work authorization. These additional security steps are designed to protect the system, but they increase the time it takes to complete each case.
Outdated Systems and Manual Processes
Despite progress toward digital processing, many applications still rely on paper forms or manual data entry, which naturally takes longer than fully electronic systems. Physical file transfers between offices, lost paperwork, and scheduling bottlenecks for in-person biometrics appointments can all contribute to delays. While USCIS has begun reusing previous biometric data for renewals in some categories to help speed up decisions, not all applicants benefit from these changes.
External Legal and Policy Factors
Some causes of delay come from outside USCIS control. Court rulings, changes in immigration law, or surges in new filings due to global events can all disrupt normal processing. For example, designations of new humanitarian programs or changes to asylum policy can lead to sudden spikes in work permit requests, creating cascading delays. The COVID-19 pandemic also had lasting effects on staffing, office operations, and case momentum that are still being felt.
Demand Still Outpaces Capacity
USCIS has set internal goals for processing, such as striving to complete work permit decisions within a few months. The agency has made progress in some areas, and certain median processing times have improved in 2025 compared with earlier years. However, the number of incoming applications continues to exceed the number of decisions completed, meaning backlogs grow even as USCIS processes cases at a high volume. This gap between demand and capacity explains why delays remain a defining feature of the current immigration system.
Recent Government Updates
| Update | What Happened | Why It Matters |
| Congressional Pressure (2024) | A bipartisan group of 70 lawmakers urged DHS and USCIS to clear the work permit backlog and reduce processing delays. Over 200 advocacy groups also called for faster approvals and longer automatic extensions. | Lawmakers argued that faster EAD approvals would strengthen the workforce, support families, and help employers fill labor shortages. |
| End of Automatic Extensions (October 2025) | DHS ended automatic work permit extensions for most renewal applicants. Previously, renewal applicants could continue working for up to 540 days while waiting for approval. | Now, many applicants must stop working if their renewal is not approved before their current EAD expires, increasing financial risk and job disruption. |
| Shorter EAD Validity Period (December 2025) | USCIS reduced the maximum validity of many work permits from up to five years to 18 months for certain categories, including asylum seekers and adjustment applicants. | Shorter validity means more frequent renewals, which may increase application volume and potentially add to future backlogs. |
| Shift Toward Stricter Vetting | USCIS leadership emphasized stronger background checks and security screening before extending work authorization. | Increased vetting may improve oversight but can slow processing and extend waiting times. |
Policy Shifts and Their Impact
These recent changes show a shift in how the government is managing work permit delays. Earlier measures expanded automatic extensions to help immigrants continue working during processing backlogs. However, later policy changes reversed some of that flexibility in favor of stricter screening and shorter renewal cycles.
While the administration has acknowledged that delays hurt families and employers, the end-of-2025 rules reflect a stronger emphasis on security review and compliance. As of early 2026, immigration advocates and industry leaders continue to monitor these policies, and legal challenges may influence whether additional adjustments occur.
Steps Being Taken to Fix the Delays
The federal government and USCIS have introduced several measures to reduce work permit backlogs and improve processing times. While challenges remain, recent data shows that targeted reforms are beginning to improve certain categories of Employment Authorization Document applications.
Expanding USCIS Workforce and Processing Capacity
One of the primary solutions to reduce work permit delays is increasing staffing and processing capacity. USCIS has hired additional adjudication officers and expanded overtime to handle the historic workload. After years of staffing shortages, the agency’s workforce has rebounded significantly.
According to official USCIS data, the agency completed over 10 million cases in fiscal year 2023, a record high in its history. This increase in adjudications was part of a backlog reduction strategy aimed at improving processing efficiency across all immigration benefits, including work permits.
Digital Filing and Process Streamlining
Another major reform has been the expansion of online filing for Form I-765. Electronic filing reduces mailing delays, minimizes data entry errors, and allows faster intake at service centers. USCIS has gradually expanded eligibility for online submission and continues to move toward digital adjudication systems.
The agency has also increased the reuse of previously collected biometric data for renewals. Instead of requiring fingerprint appointments for every renewal, USCIS now reuses existing biometrics in many cases, reducing appointment backlogs and freeing officers to focus on initial applications.
Adjustments to Automatic Extensions
In earlier years, USCIS expanded automatic work permit extensions up to 540 days to prevent workers from losing employment while renewal applications were pending. Although that temporary expansion ended in late 2025, the policy demonstrated that administrative flexibility can reduce workforce disruption during peak backlog periods.
There are ongoing discussions in Congress about creating longer statutory automatic extensions to protect workers if processing delays continue.
Premium Processing Expansion
USCIS has also expanded premium processing to additional immigration categories in recent years. Premium processing allows certain applicants to receive a decision within 15 business days for an additional fee.
While not all work permit categories qualify, expanding premium services for some employment-related benefits helps relieve pressure on standard processing queues and offers urgent applicants a faster alternative.
Prioritizing Older Cases and Case Triage
To manage backlogs more efficiently, USCIS has implemented internal cycle-time goals and case triage systems. The agency now prioritizes older cases and uses technology to identify straightforward applications that can be approved quickly. By resolving simpler cases faster, officers can gradually reduce the number of pending applications.
Interagency Coordination and Workforce Impact
Federal agencies have increasingly recognized that work permit delays affect the broader U.S. labor market. Workforce shortages in healthcare, hospitality, and technology sectors have brought attention to the importance of timely EAD approvals. While not all solutions come directly from USCIS, broader policy coordination may influence future reforms aimed at reducing delays.
Why These Steps Matter
Although USCIS has not eliminated the backlog, official data shows measurable improvements in case completions and processing efficiency. Continued hiring, digital modernization, and workflow reforms are intended to narrow the gap between incoming applications and completed decisions.
However, sustained demand for immigration benefits means that long-term solutions will require both administrative reforms and stable funding.
Why Legal Guidance Is Important for Work Permit Delays
The work permit application process can be complicated, especially during periods of policy changes and backlog pressure. Even small mistakes in filing Form I-765 or renewal applications can result in delays, Requests for Evidence, or interruptions in employment authorization. Understanding current USCIS policies is critical, but navigating them alone can be overwhelming.
Working with an experienced immigration attorney can help ensure that your application is accurate, timely, and supported by proper documentation. Professional guidance can also help you respond quickly if issues arise and explore available options such as expedited processing or compliance strategies to avoid gaps in work authorization.
At The Chidolue Law Firm, we specialize in family-based, employment-based, and humanitarian immigration matters, including work permit applications and renewals. We have helped countless clients navigate USCIS processing challenges and protect their ability to live and work legally in the United States.
Protect Your Right to Work with Confidence
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