The U.S. Department of Homeland Security (DHS) published an interim final rule (IFR) without notice and comment that eliminates certain automatic extensions of employment authorization, effective October 30, 2025. Previously, timely filed extensions of certain Employment Authorization Document (EAD) applications received an automatic 540-day extension to minimize gaps in authorized employment while U.S. Citizenship and Immigration Services adjudicated these applications, which can take more than six months to process. Extension applications are permitted to be filed no earlier than 180 days prior to the expiration date of the EAD. EAD renewal applications filed prior to October 30, 2025, are still eligible for the 540-day extension which should be indicated on the receipt notice. Employees working pursuant to this 540-day extension will not retroactively lose this benefit.
Note that nonimmigrant classifications, such as H-1B, TN, O-1, L-1, that are eligible for 240 days of continued work authorization for timely filed extensions are not impacted by this IFR, which only addresses the 540-day automatic extension of certain EAD categories.
Impacted EAD Categories Include:
For business immigration related clients, EAD categories primarily impacted include pending adjustment of status applications (C09) and H-4 dependent spouses (C26). Additional EAD categories are impacted by this IFR.
While E-1/E-2/E-3 and L-2 dependent spouses are on the list of impacted classes, they are not required to file an EAD application for work authorization. As long as the ‘S’ class of admission code accompanies their classification (e.g. L-2S) on Form I-94, dependent spouses will have evidence of U.S. work authorization incident to status.
EAD Categories Still Eligible for 180-Day Auto Extension:
F-1 students applying for STEM OPT EAD extensions are not impacted by this IFR and are still eligible for the 180-day automatic extension for timely filed applications.
Immediate Action Items for Employers:
We recommend employers be proactive in setting up a reminder system seven to nine months prior to EAD employment authorization expiration dates. These reminders should go to HR and workers holding the temporary employment authorization (regardless of work authorized classification) so that renewals can be timely identified and filed.
Note that some classifications may provide separate and distinct extension procedures, such as TPS. Keep an eye on I-9 Central for any such related notices.
