The Department of Homeland Security (DHS) has announced a significant change regarding Employment Authorization Document (EAD) renewals that will take effect on October 30, 2025. An interim final rule will eliminate the automatic 540-day extension previously granted for EAD renewals filed after this date. Consequently, applicants will no longer receive an automatic extension of their work authorization if their renewal applications are pending on the expiration date of their current EAD.
This new regulation means that individuals seeking to renew their EAD will face a critical deadline. To benefit from the automatic extension, applicants must submit their renewal applications before October 30, 2025. After this date, the extension period will be reduced to 0 days, leaving many without work authorization during processing delays.
Who Will Be Affected by the Change?
The rule impacts all categories that were previously eligible for the 540-day extension. This includes:
– Spouses of principal E and L-1 nonimmigrants
– H-4 nonimmigrants
– Individuals with pending Adjustment of Status applications
– Those granted Withholding of Deportation or Removal
– Recipients of Temporary Protected Status (TPS)
– Individuals with pending asylum applications
– Cancellation of removal applicants
– VAWA self-petitioners
Individuals currently benefiting from the 540-day extension will not be affected by this rule change, nor will those who file their I-765 application renewals prior to the cut-off date.
Steps to Take Before the Deadline
For those who intend to rely on the automatic extension, immediate action is essential. The U.S. Citizenship and Immigration Services (USCIS) allows applicants to file up to 180 days in advance of their EAD expiration. Filing early is particularly crucial for individuals who may encounter delays in processing.
In light of the upcoming changes, electronic filing is available for many EAD categories and is recommended to expedite processing times. This option may help applicants avoid potential gaps in employment authorization as the new rule takes effect.
As the October deadline approaches, individuals are encouraged to assess their eligibility and submit their applications promptly to ensure continued employment authorization. The DHS emphasizes the importance of being aware of these changes to prevent disruptions in work status for thousands of nonimmigrant workers across the United States.
