On October 30, the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) published an interim final rule eliminating the 540-day automatic extension of employment authorization documents (EADs) for certain eligible categories.
Automatic extensions have been part of DHS regulations since January 2017, when USCIS first implemented a rule allowing certain EAD holders who filed timely renewal applications to receive up to a 180-day automatic extension of work authorization. The extension period was temporarily increased to 540 days in May 2022 and April 2024 to address processing delays and was codified into regulation in December 2024. These measures were intended to minimize work interruptions caused by lengthy EAD renewal backlogs and to provide relief to both employees and employers.
Under the new rule, noncitizens who file a timely EAD renewal application on or after October 30, 2025, will no longer receive any automatic extension of employment authorization. Instead, their work authorization will expire the day after their initial EAD expires, unless they are authorized to work on a separate basis. If the renewal application is approved, employment authorization will resume on the start date of the newly issued EAD.
The change will affect several categories of noncitizens, including H-4 dependent spouses of H-1B nonimmigrants, applicants for adjustment of status to lawful permanent residence, and asylees and refugees. Other EAD categories previously eligible for auto-extensions are also covered; the full list is available in the Federal Register notice and on the USCIS website.
In a press release, DHS notes that the removal of auto-extension periods for EAD renewal applicants allows for more frequent vetting of noncitizens, stating that “reviewing an alien’s background more often will enable [USCIS] to deter fraud and detect aliens with potentially harmful intent so they can be processed for removal from the United States.” USCIS recommends that those who wish to renew their employment authorization properly file a renewal application up to 180 days prior to the expiration of their current EAD.
The rule is effective October 30, 2025, and does not affect automatic extensions granted before that date. The rule will be open for public comment until December 1, 2025. CUPA-HR is reviewing the rule in detail and will provide future updates.