The Department of Homeland Security (DHS) published an interim final rule on October 30, 2025, immediately eliminating the automatic extension of certain Employment Authorization Documents (EADs) when filing a renewal application on or after October 30, 2025.

Key Changes

• • The current 540-day automatic extension granted for timely filed EAD renewal applications will be reduced to zero days for filings made on or after October 30, 2025.
• • Applications to renew EADs filed before October 30, 2025 will continue to receive the 540-day automatic extension.
• • Individuals already working pursuant to a 540-day automatic extension of an EAD will not be affected.

Affected Categories

This change applies broadly to all EAD categories previously eligible for automatic extensions, including:

• • Asylum applicants (C8)
• • Adjustment of status applicants (C9)
• • TPS beneficiaries (A12, C19)
• • Spouses of E and L and H-1B visa holders (A17, A18, C26 respectively)
  • · Note that spouses of E and L visa holders are not required to obtain an EAD for employment, and may work incident to status, with an I-94 admission document bearing the  “S” (Spousal) annotation (e.g. E-2S or L-2S). This rule does not impact the ability of E and L spouses to work pursuant to the annotated I-94 document. In contrast, spouses of H-1B visa holders are required to obtain an EAD for employment and are impacted by the rule.
• • Withholding of removal grantees (A10)
• • VAWA self-petitioners (C31)

A complete list is available on the USCIS EAD Auto-Extension page.

Timing Considerations

Applications to renew EADs may be filed up to 180 days before EAD expiration date. Because DHS will no longer honor the automation extension while the renewal application is pending, those impacted should plan to file renewal applications as early as possible to avoid lapses in work authorization.

Employers and individuals should also anticipate possible employment interruptions for renewals filed after the effective date, as government processing times are unpredictable as backlogs grow, and premium processing service is not available for most EAD applications.

USCIS encourages eligible applicants to file applications to renew EADs on Form I-765 electronically. Categories eligible for online filing include TPS, OPT, STEM OPT, Asylum (C8), Adjustment (C9), Parole (C11), and DACA (C33), among others.

Van Der Hout LLP will continue to monitor DHS and USCIS announcements for further implementation guidance. Please contact your designated Van Der Hout representative for additional information.