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On October 29, 2025, the Department of Homeland Security (DHS) announced an interim final rule that will end automatic extensions of timely-filed employment authorization documents (EAD) for foreign nationals filing renewal applications in certain employment authorization categories. A few of the impacted categories include:
- TPS Granted (A12)
- Spouse of principal E and L-1 (A17 & A18)
- H-4 nonimmigrants (C26)
- Pending Adjustment of Status (C9)
The full list of categories impacted can be found on the U.S. Citizenship and Immigration Services (USCIS) website. This rule will eliminate the automatic 540-day work permit extension. It was stated that the goal of this rule is for DHS to prioritize the proper screening and vetting of applicants before extending the validity of their employment authorization documents.
Any EAD extension application received by USCIS after Thursday, October 30, 2025, will no longer receive an automatic extension of their EAD. The exceptions to this rule include extensions provided by law or through a Federal Register notice for TPS-related employment documentation. The interim final rule does not affect EADs automatically extended before October 30, 2025.
DHS and USCIS recommend applicants seek to timely file a renewal petition of their EAD up to 180 days before their EAD expires. The longer an alien waits to file an EAD renewal application, the more likely it is that they may experience a temporary lapse in their employment authorization or documentation.
Anyone who will need to file after October 30, 2025, should be very careful about tracking EAD expiration dates and file right as you reach the 180th day before the current expiration. According to USCIS' posted processing times, most EAD applications range anywhere from 4-12 months. Therefore, there may be instances where there is an unanticipated gap in employment due to the current EAD expiring and the EAD extension pending. This rule is not anticipated to impact EADs within their automatic extension period, but that could change at any time.
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