Effective October 30, 2025, the Department of Homeland Security (DHS) has issued a new interim final rule (IFR) that eliminates the automatic 540-day extension of work authorization for most employment authorization document (EAD) renewal applications.

This change will significantly affect individuals who rely on automatic extensions to continue working while their EAD renewal applications are pending, including employment-based and family-based adjustment of status applicants and H-4 EAD holders.

Key Highlights:

• No More Automatic Extension: For any Form I-765 (Application for Employment Authorization) filed on or after October 30, 2025, the automatic extension of an expiring EAD will be eliminated, meaning that the typical automatic extensions that individuals had will go from 540 to being non-existent. This means employment authorization will end on the expiration date listed on the EAD, unless the renewal is approved before that date.

• Applications Filed Before October 30 Are Not Affected: If a renewal application was properly filed before October 30, 2025, the applicant will still receive the automatic 540-day extension, if otherwise eligible.

• This rule does not affect initial EAD Applications or EADs automatically extended by law or separate Federal Register notices (such as for Temporary Protected Status (TPS) and STEM OPT extensions).

• USCIS still permits EAD renewal filings up to 180 days before the current EAD expires. Applicants are strongly encouraged to take advantage of this early filing window to avoid employment interruptions.

What Is an “Interim Final Rule” (IFR)? An interim final rule (IFR) is a type of federal regulation that takes effect immediately upon publication, without going through the usual public notice-and-comment period.

Typically, agencies like USCIS issue IFRs because they believe that delaying a rule would be impractical or contrary to the public interest, such as in matters involving national security or public safety. While the rule is immediately enforceable, the public can still submit comments, and the agency may later revise or finalize the rule based on that feedback.

In this case, USCIS cited urgent national security concerns as justification for bypassing the typical rulemaking process and making the change effective immediately on October 30, 2025.

Why Did USCIS Make This Change? According to DHS and USCIS, the primary reason for ending automatic EAD extensions is to ensure that all renewal applicants are properly vetted and screened before receiving a new period of employment authorization.

In the interim final rule, USCIS stated that automatic extensions allowed individuals to continue working for up to 540 days without a new eligibility determination or updated background checks, which they now view as a security vulnerability. The rule references recent incidents and broader concerns that individuals with pending applications could continue working even if they later became ineligible or posed a security risk.

By eliminating automatic extensions, USCIS aims to:

• Strengthen national security and public safety measures,

• Ensure that only eligible individuals with current, vetted applications are granted work authorization,

• Prevent misuse of EADs for purposes such as obtaining driver’s licenses or accessing secure facilities without updated review.

DHS has acknowledged that this may result in work interruptions but stated that the benefits of full adjudication outweigh the administrative convenience of automatic extensions.

Who Will Be Affected? This rule applies to nearly all categories previously eligible for automatic extension of their EADs, including:

• Adjustment of status applicants (C09)

• H-4 spouses (C26)

• Asylum applicants (C08)

• TPS beneficiaries (A12, C19)

• Spouses of E and L visa holders (A17, A18)

• VAWA self-petitioners (C31)

• Individuals granted withholding of removal (A10)

• The rule does not impact STEM OPT extensions.

For a full list, consult GIP or refer to https://www.uscis.gov/eadautoextend

Immediate Action Recommended:

• File EAD renewals immediately if your current EAD is expiring soon and you are within the 180-day early filing window.

• If your renewal is filed before October 30, 2025, you are still eligible for the automatic 540-day extension.

What Employers Need to Know:

• After October 30, 2025, employers can no longer rely on I-797C receipt notices for automatic extensions unless the renewal was filed before that date.

• Be prepared to track EAD expirations more closely and reverify employment authorization promptly.

• Ensure HR and compliance teams are informed about these regulatory changes.