DHS Rule Eliminating 540-Day Automatic EAD Extensions Now in Effect

Effective October 30, 2025, the Department of Homeland Security’s Interim Final Rule (IFR) eliminating the 540-day automatic extension of Employment Authorization Documents (EADs) is now in effect. Renewal applications filed on or after October 30, 2025 will no longer qualify for the extended automatic continuation of work authorization that had been available to certain EAD holders while their renewals were pending.

Background

Since 2016, certain foreign nationals who timely filed for EAD renewal have benefited from automatic work authorization extensions while USCIS processed their renewals. In 2022, DHS expanded the automatic extension period from 180 to 540 days for certain categories to address pandemic-related processing delays. Although those delays remain significant, DHS has now rescinded the 540-day policy, citing national-security and vetting concerns.

Key Points of the Rule

• Effective Date: October 30, 2025
  • Applies to renewal applications filed on or after this date.
  • Applications filed before October 30 retain the 540-day automatic extension.
• Public Comments: May be submitted through www.regulations.gov until November 29, 2025 (Docket No. USCIS-2025-0271).

Who Is Affected

The following categories lose eligibility for the 540-day automatic extension for EAD renewal applications filed on or after October 30, 2025:

• Adjustment of Status (C-09)
• H-4 spouses (C-26) — even under the prior rule, the automatic extension applies for up to 540 days or until the I-94 expiration date, whichever is sooner.
• TPS holders (A-12)
• Pending asylum applicants (C-08)
• Cancellation of removal (C-10)
• VAWA self-petitioners (C-31)

For additional categories, see the full list in the Federal Register Notice.

As a result, applicants in these categories will no longer be able to continue working automatically after their current EAD expires—they will need their new EAD cards in hand to continue working. 

Not affected:

• Applicants who filed before October 30, 2025 (they retain the 540-day extension).
• F-1 STEM OPT applicants are not affected by this IFR. The new § 274a.13(e) limits automatic extensions unless authorized by § 274a.13(d), another law, or a Federal Register notice (such as TPS designations). Its purpose is to roll back the broad 540-day extension, allowing automatic extensions only where expressly authorized. Because the 180-day STEM OPT extension is independently established under § 274a.12(b)(6)(iv), it remains in effect and is unchanged by the new rule.

Employers and Employees Should Plan Proactively

• File early: EAD renewals may be submitted up to 180 days before expiration, and applicants must be physically present in the United States at the time of filing.
• Consider concurrent filings: For example, filing H-1B, H-4, and H-4 EAD petitions together under Premium Processing may help maintain continuity of employment for dependent spouses. However, Premium Processing does not apply to the EAD itself, and processing backlogs remain significant.
• Plan for delays: The USCIS backlogs that prompted the 540-day extension still persist, so adjudications may continue to take several months even under this new rule.
• Monitor expiration dates: Close tracking of work authorization end dates and advance filing are essential to avoid gaps and prevent unauthorized employment.

Best Practices for Employers

• Maintain visibility: Track EAD expirations across your workforce and ensure immigration counsel is informed of all employees working on EADs.
• Promote timely renewals: Encourage and support renewals within the 180-day filing window.
• Strengthen compliance: Review and update Form I-9 procedures to ensure timely reverification and continuous employment authorization.

While litigation or further guidance may follow, the rule now in effect significantly narrows flexibility for employees relying on EADs and underscores the need for advance planning by both employers and foreign national workers.