Beginning October 30, 2025, the Department of Homeland Security (DHS) will implement an interim final rule that eliminates the automatic 540-day extension for Employment Authorization Document (EAD) renewals filed after this date. This significant change means that individuals whose EAD renewal applications are pending on the expiration date of their initial EAD will not receive any automatic extension of work authorization.
The automatic extension period, previously set at 540 days, will effectively be reduced to zero for all eligible categories. As a result, applicants who file for EAD renewals on or after October 30, 2025, must ensure they submit their applications in a timely manner to maintain their work authorization.
Implications of the New Rule
This new regulation affects a variety of categories that were previously eligible for the automatic extension. These include:
– Spouses of E and L-1 nonimmigrants, as well as H-4 visa holders
– Individuals with a pending Adjustment of Status application
– Those granted Withholding of Deportation or Removal
– Holders of Temporary Protected Status (TPS)
– Applicants with pending asylum applications
– Cancellation of removal applicants
– VAWA self-petitioners
Individuals currently benefiting from the 540-day extension will not be impacted by this rule change, nor will those who submit their I-765 renewal applications before October 30, 2025.
Filing Recommendations
For those who plan to rely on the 540-day extension, it is crucial to file renewal applications before the deadline. The U.S. Citizenship and Immigration Services (USCIS) allows applicants to file up to 180 days in advance of their EAD expiration. In some cases, earlier filing may be permitted for replacement EADs.
Given the impending changes, electronic filing is recommended for many categories to expedite the processing time. Applicants are encouraged to act swiftly to secure their work authorization and avoid potential gaps in employment eligibility.
In summary, the new rule marks a significant shift in the processing of EAD renewals, emphasizing the importance of timely application submissions. The DHS aims to streamline the process while minimizing the risk of work authorization lapses for nonimmigrants.
