Automatic Extension of EAD Cards Ends October 30

October 29, 2025 — The U.S. Department of Homeland Security (DHS) publishes a Temporary Final Rule in the Federal Register that formally ends the automatic extension policy for certain categories of Employment Authorization Documents (EAD). Until now, eligible non-citizens who timely filed EAD renewal applications could automatically receive up to a 540-day grace period beyond the card’s expiration date. Under the new rule, this “buffer period” will be eliminated.

From “Automatic Extension” to “Approval First, Work Later”

Previously, foreign nationals in designated categories—such as H-4 spouses, asylum applicants, and others—could keep working after their EAD expired, so long as they had filed a renewal application before the expiration date. Their employment authorization was automatically extended for up to 540 days while USCIS processed the case.

Under the new rule, effective October 30, 2025, this automatic extension ends.

• EAD renewals filed on or after October 30, 2025 will no longer receive an automatic extension.

• Employment may continue only after USCIS fully completes review—including background and eligibility checks—and issues a new EAD card.

• If the prior card expires before the renewal is approved, the individual must stop working until the new EAD is granted.

Who is Affected

1. Groups that rely on the automatic-extension policy

• H-4 spouses of H-1B visa holders with approved I-140 petitions, who depend on timely EAD renewals to avoid work interruptions.

• Adjustment-of-status applicants (Form I-485) : whose EADs expire before USCIS finishes adjudication. Without another valid status that carries work authorization, they must cease work once the card expires.

• Asylum applicants: who have been waiting at least 180 days since filing and need EAD renewal to continue working.

• Temporary Protected Status (TPS) holders: those who file EAD renewals on or after October 30, 2025 will no longer get automatic extensions.

  1) If the individual’s country designation has ended (e.g., Venezuela, Afghanistan) and no new lawful status is obtained within 180 days, both TPS status and EAD authorization will lapse.

  2) If the person applies for renewal after October 30 and does not qualify for a specific exemption, the EAD will not auto-extend.

• Other affected categories include survivors of domestic violence, refugees or asylum applicants with pending status changes, and similar humanitarian cases.

2. Employers

Companies employing affected foreign nationals must also adjust compliance practices. If an employee’s EAD expires and renewal remains pending, the employer must pause employment to avoid penalties for unauthorized hiring. This may create staffing gaps or project delays. Employers are advised to monitor expiration dates closely and encourage employees to file renewals early.

Who is Exempt

The rule is not fully retroactive. Certain individuals remain eligible for automatic extensions:

1. Renewals filed before October 30, 2025

Anyone who submits an EAD renewal to USCIS before October 30, 2025 will continue to benefit from the existing 540-day automatic extension.

Example: If an H-4 spouse files on October 15 and the current EAD expires in November, the 540-day grace period still applies despite the new rule taking effect later that month.

Foreign nationals may maintain work authorization for up to 540 days if they can present a USCIS case receipt notice (Form I-797C) showing that their EAD renewal application (Form I-765) was filed before both the EAD’s expiration date and October 30, 2025, and that the employment category code on the renewal application matches the category listed on the current EAD. For categories A12 or C19, the codes do not need to match exactly.

2. STEM OPT 180-day extension unaffected

The 180-day automatic extension for STEM OPT students is governed by a separate regulation and is not part of the 540-day EAD policy. The new rule does not change STEM OPT procedures.

3. TPS holders explicitly exempted by law or Federal Register notices

The rule preserves previously announced extensions for specific TPS designations:

1) If the country’s TPS designation remains active and USCIS has issued a continuation notice (e.g., El Salvador, Haiti), work authorization continues automatically.

2) If renewal was filed before October 30, the 540-day rule still applies.

3) Current, valid TPS holders may keep working until the printed expiration date but should plan renewals early, since most TPS EADs are limited to one year.

4. Individuals with work authorization tied to their immigration status

Certain categories are unaffected because their right to work is inherent in their status, not dependent on an EAD. Examples include:

• H-1B and L-1 visa holders whose employment authorization derives directly from their visa status. Even if their EAD expires, they may work under a valid I-94 record as proof of authorization.

• Refugees and approved asylees whose work eligibility is status-based; the EAD serves only as documentation, not the source of the right itself.

Recommended Actions

For individuals affected by the rule, the key strategy is early renewal:

• File renewal applications as early as 180 days before expiration—the earliest window USCIS accepts—to allow sufficient processing time.

• Track case progress closely via the USCIS online portal or through your attorney.

• If the prior card expires before approval, stop working immediately to avoid unauthorized-employment violations that could jeopardize future immigration benefits (such as a green-card case).

  
  

Summary

The new rule embodies a “review-before-renewal” approach that strengthens security vetting. DHS and USCIS state that ending automatic extensions ensures background and eligibility checks are completed before continued employment is authorized—protecting both public and national security.

For non-citizens working in the U.S., careful renewal-timeline planning is now essential to prevent gaps in employment authorization. Those who qualify for exemptions—such as pre-October 30 filers or individuals with status-based work rights—can proceed under existing procedures without concern.

Emergency Hotline: 626-344-8949

Inquiry Email: anna.sun@consultils.com

Over the past two months, U.S. immigration policy has undergone critical shifts. ILS has closely tracked these developments, distinguishing between policy signals and noise to assess their impacts on employers, foreign professionals, and global talent strategies. In response to this wave of policy adjustments, we have published six in-depth analyses to help stakeholders stay informed and prepared:

1. The first article focuses on the Trump administration’s proposal to "end the abuse of foreign student visas"; click the link to read the full text.

2. The second article interprets the U.S. Department of State’s tightening of non-immigrant visas; click the link to read the full text.

3. The third article analyzes H-1B visas: the reform from random lottery to a "weighted selection" system; click the link to read the full text.

4. The fourth article analyzes the Dual Impact of H-1B Entry Restrictions and the Gold Card Program; click the link to read the full text.

5. The fifth article examines the upcoming 2026 H-1B lottery policy changes and their potential implications for employers and foreign professionals; click the link to read the full text.

6. The sixth article focus on proposed H-1B and L-1 visa reforms and their impact on U.S. employers. Click the link to read the full text.

7. The seventh article analyzes Rules for the $100,000 Fee for H-1B Dismantling; Click the link to read the full text.

Disclaimer：This article is based on the latest policy information as of October 29, 2025. Given the rapid changes in immigration policies, it is advisable for enterprises to pay close attention to official updates and consult professional immigration lawyers for the latest guidance. Our firm will continue to track policy developments and provide clients with timely and accurate professional services.

---

As Partner and Head of Immigration at ILS, Anna advises global employers on all aspects of U.S. business immigration. She helps companies recruit and retain executives and highly skilled professionals essential to their U.S. operations, with experience spanning industries from autonomous driving and biotech, to entertainment, logistics, and manufacturing.

Previously, Anna practiced at leading global law firms and served as in-house counsel and compliance manager in the telecommunications, finance, and gaming industries. This diverse background equips her with practical, cross-industry insights that inform strategic, business-focused immigration solutions.

Email: contact@consultils.com | Phone: 626-344-8949