The numbers
USCIS publishes quarterly counts of every form it handles in its immigration and citizenship data library. The line for work permits based on a pending green card application shows a sharp turn in the third quarter of fiscal year 2026.
| Work permits, adjustment applicants | Q1 (Oct to Dec 2025) | Q2 (Jan to Mar 2026) | Q3 (Apr to Jun 2026) |
|---|---|---|---|
| Received | 164,763 | 144,512 | 153,039 |
| Approved | 63,429 | 38,122 | 46,405 |
| Denied | 23,327 | 11,145 | 35,767 |
| Share of decisions denied | 26.9% | 22.6% | 43.5% |
| Pending at quarter end | Not published in these files | 584,851 | 671,362 |
| Median months to decide | Not published in these files | 4.3 | 6.4 |
The Q1 figures are calculated by subtracting Q2 from the fiscal-year totals in the Q2 report. Denial shares are denials divided by approvals plus denials.
First-time applications and renewals
USCIS’s separate Form I-765 report splits the main category, C09, by application type. Denials rose for both. A related category, C09P, covers work permits requested together with advance parole. It had almost no denials, 13,815 approvals against 45 on first-time applications in Q3, which is why the C09 rates below run higher than the overall figure.
| C09 category | Q2 approved / denied | Q2 denied | Q3 approved / denied | Q3 denied |
|---|---|---|---|---|
| First-time | 20,552 / 9,763 | 32.2% | 28,724 / 32,455 | 53.1% |
| Renewal | 3,741 / 1,142 | 23.4% | 3,369 / 3,097 | 47.9% |
Not every work permit category moved this way. H-4 spouses renewing their permits saw 333 denials against 10,115 approvals in the same quarter, about 3%.
What the numbers do not show
They cover every kind of green card applicant
The data combines family-based, employment-based, humanitarian, and other adjustment cases, and USCIS does not separate them. Nothing here says that an EB-1A or NIW applicant faces a 44% denial risk. Employment-based I-485 applications themselves were denied at a rate of about 7% in the quarter, 3,160 of 45,236 decisions.
Denied green cards do not explain it
A work permit based on a pending I-485 can fall when the I-485 does, so a wave of green card denials could produce a wave of permit denials, but the numbers do not show one on this scale. Total I-485 denials rose from 15,443 in Q2 to 16,798 in Q3, a rise of about 1,400, while work permit denials rose by about 24,600.
USCIS has not given a reason
Work permits for adjustment applicants are discretionary, and USCIS publishes no reasons with these counts. On May 21, 2026, during this same quarter, USCIS issued memo PM-602-0199 describing adjustment of status as extraordinary relief, but nothing published links the memo to these denials. The share has also moved around: it was 26.9% in Q1, so Q2 may have been unusually low as well as Q3 unusually high. The fourth-quarter data, expected in December, will show whether this is a new level or a one-quarter spike.
“The median wait is now longer than the 180-day window USCIS recommends for filing a renewal, and a pending renewal no longer keeps the old card valid.”
Why the wait is now the bigger problem
For most employment-based applicants, delay is the more immediate risk. On October 14, 2026, DHS published a final rule confirming the end of automatic extensions. For renewals filed on or after October 30, 2025, a pending application no longer keeps an expiring card valid. Under the old rule, an adjustment applicant could keep working for up to 540 days after the card’s expiration date.
Cards for adjustment applicants now last a maximum of 18 months under the USCIS Policy Manual’s validity table. Set that against a median decision time of 6.4 months, roughly 195 days, and a renewal filed exactly 180 days before expiration has worse than even odds of arriving in time. The median combines first-time applications and renewals, so a given renewal may move faster or slower, but half of all cases took longer than that.
The 180-day recommendation is not a limit
Many applicants believe they cannot file a renewal more than 180 days early. DHS addressed this directly in the final rule: USCIS recommends against filing sooner, but it “will not reject or deny” an otherwise eligible renewal solely because it was filed earlier. The cost is overlap. The Policy Manual says USCIS generally does not backdate or postdate a renewal card to match the old one, so a card approved while the old one still has months left effectively shortens your total coverage. For someone who depends on the permit to work, losing a few months of validity is usually better than a gap.
Who is exposed
| Your situation | Exposure | What to do |
|---|---|---|
| Valid H-1B, L-1, or O-1 status alongside a pending I-485 | Low, since you can keep working on that status | Keep extending the status rather than relying on the work permit alone |
| Working on a C09 card only | High, since a lapse means you must stop working | File the renewal well before 180 days out and track the date |
| Spouse working on a C09 card | High for the household’s second income | File the spouse’s renewal on the same early timeline |
| Filing a new I-485 | Moderate, with a wait of months before a first permit | Plan income around a six-month wait and keep existing status |
Protect your right to work
- Find your card’s expiration date and work back at least eight months
- Keep H-1B, L-1, or O-1 status current if you have it, rather than letting it lapse once the I-485 is filed
- Make the renewal complete: a request for evidence adds time you may not have
- Tell your employer’s HR team the date early, so a reverification does not come as a surprise
- If a gap is close, look at USCIS’s expedite criteria, which include severe financial loss
If a card lapses or a renewal is denied
A lapse in the work permit does not end the green card application. The I-485 stays pending, but work must stop until a new card arrives unless another status allows it, and the employer has to reverify work authorization on Form I-9. A denied application can be filed again if the applicant is eligible, as the Policy Manual notes. Anyone whose permit is denied should read the reason closely, since a denial tied to the I-485 itself raises a larger question about the green card case, covered in the adjustment of status guide.