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On October 29, 2025, USCIS published an advance draft of an Interim Final Rule ("the Rule") that would eliminate the automatic 540-day extension for timely-filed Employment Authorization Document ("EAD") applications in many categories. The Rule applies to EAD applications filed on or after October 30, 2025. It does not impact any automatic work authorization extensions granted prior to that date.
Background
Previously, USCIS routinely granted automatic employment authorization extensions to individuals who timely filed their EAD applications, initially for 180 days; this was later increased to 540 days. This enabled applicants to continue working beyond the expiration dates on their EAD cards while USCIS processed the extension applications.
Given that the current processing time for such applications ranges from 6-12 months, the automatic extension has provided a critical bridge for foreign workers and their employers. Under the new Rule, EAD-bearing employees will need to stop working during the interval between their current card expiration and the date their extension application is approved, unless they possess some other form of employment authorization.
Impacted EAD Categories
Impacted EAD categories include, among others:
- Withholding of Deportation or Removal Granted (A10)
- TPS Granted (A12 or C19)
- Spouse of principal E and L-1 (A17 & A18)
- H-4 nonimmigrants (C26)
- Asylum application pending (C8)
- Pending Adjustment of Status (C9)
- cancelation of removal applicants (C10)
- VAWA Self-Petitioners (C31)
Note that F-1 STEM (C3C) EAD extensions are excluded from the Rule.
Also, Curricular Practical Training (CPT) workers are not impacted by the Rule since their employment is authorized pursuant to an endorsed Form I-20 rather than an EAD card.
Next Steps for Employers
Litigation challenging the Rule is expected and is likely to take the form of a class action suit seeking a preliminary injunction.
In the meantime, employers may want to identify workforce members who have presented EADs for I-9 and/or EVerify purposes, take note of their document expiration dates, and consult the I-9 handbook for proper verification/re-verification procedures.
EAD workers can consider filing their extension applications as early as possible (normally 180 days prior to the card expiry).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
