DHS Ends Automatic EAD Extensions: What You Need to Know

🚨 USCIS Ends Automatic EAD Extensions: What You Need to Know

On October 30, 2025, the U.S. Department of Homeland Security (DHS) published an interim final rule (IFR) ending the long-standing practice of automatically extending Employment Authorization Documents (EADs) for many renewal applicants.

This change marks a major shift for hundreds of thousands of immigrants who rely on automatic extensions to maintain lawful employment while their renewal applications are pending.

🔍 What Has Changed

Under prior regulations, many EAD holders who filed timely renewal applications were automatically granted an extension of up to 540 days beyond their EAD expiration date. This allowed them to keep working while USCIS processed their renewals.

The new rule removes that benefit for most categories. USCIS will no longer automatically extend the validity of an expired EAD based solely on a pending renewal application filed on or after the publication date of this rule.

USCIS states that the change aims to “prioritize proper vetting and screening” before issuing new work authorization.

✅ Who Still Qualifies for Automatic Extensions

Some categories remain protected under existing law or separate Federal Register notices. According to the rule, the following groups are still eligible for automatic EAD extensions:

• Temporary Protected Status (TPS) beneficiaries and applicants whose work authorization is extended by statute or Federal Register notice

• Renewal applications filed before the publication date of this new rule — these remain eligible for the up to 540-day extension under prior 8 C.F.R. § 274a.13(d)

In other words:

If your EAD renewal was filed before October 30, 2025, your automatic extension remains valid until its expiration or until USCIS makes a decision.If you file on or after October 30, 2025, you will not receive an automatic extension unless your category (for example, TPS) is specifically covered by law or a new Federal Register notice.

❌ Who Loses the Automatic Extension

Most applicants in the following categories will no longer receive an automatic EAD extension for renewals filed on or after the rule’s effective date, including:

• Adjustment-of-status applicants (category C09)

• Asylum applicants (category C08)

• H-4, L-2, and E dependent spouses (C26, A18, A17)

• VAWA self-petitioners (C31)

• Refugees and asylees (A03, A05) and others listed in prior extension rules

🧭 What to Do If You Are Affected

1. File Early. USCIS recommends submitting your EAD renewal as soon as possible — up to 180 days before your current card expires. There will be no automatic coverage gap once the card expires.

2. Plan for Gaps in Work Authorization. Speak with your employer and consider backup documentation or leave arrangements to avoid unauthorized employment.

3. Explore Other Work Authorization Options. Some categories may qualify for alternate bases of employment authorization (for example, switching to a status with work authorization “incident to status”).

4. Track Processing Times. Because no extension will apply, timely adjudication is crucial — monitor your case closely through your USCIS online account.

5. Contact an Immigration Attorney. Every case is different. Legal guidance can help determine if other relief (such as TPS or adjustment eligibility) can preserve your ability to work.

In summary: Only EAD renewals filed before October 30, 2025 or those protected by law (like TPS) will continue receiving automatic extensions. Everyone else must now wait for USCIS to approve their renewal before they can keep working.

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Disclaimer: This post is attorney advertising. It is meant as general information only, and is not legal advice, nor does it create an attorney-client relationship. We suggest you set up a consultation with us before acting on anything you read here. Past results do not guarantee future outcomes; every case is unique and must be analyzed individually.