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Changes to Automatic Extension of Employment Authorization Documents

Effective October 30, 2025, the U.S. Department of Homeland Security (DHS) implemented an Interim Final Rule that eliminates the 540-day automatic extension of certain employment authorization documents (EAD) based on the timely filing of an EAD renewal application.

Individuals who file to renew their EAD on or after October 30, 2025, will no longer receive an automatic extension of their EAD, with limited exceptions. The Interim Final Rule (IFR) does not affect the validity of EADs that were automatically extended prior to October 30th, or those that are otherwise extended by law or Federal Register notice.

The practical impact of the IFR is that affected individuals’ work authorization will expire the day after the expiration date on their EAD card, and will not resume until they receive their new EAD.

As an example, individuals holding EADs in the following categories will no longer be eligible for automatic renewals:

  • Adjustment of status applicants (i.e., green card applicants);
  • H-4 spouses of H-1B visa holders;
  • Asylum applicants;
  • Violence Against Women Act (VAWA) self-petitioners and their children; and
  • Temporary Protected Status (TPS) holders, unless a Federal Register notice provides for automatic extension of EADs.

The above is a non-exhaustive list. Individuals holding EADs in other categories should consult with an immigration attorney regarding their personal situation.

Notably, F-1 students applying for the OPT STEM Extension do not appear to be impacted by the IFR, they will continue to receive a 180-day extension of their work authorization based on the timely filing of the STEM OPT application pursuant to a separate regulatory provision.

Spouses of L and E visa holders are authorized to work in the United States “incident to status” and do not require an EAD, so even if they choose to obtain an EAD, they would be able to continue to work even after the expiration of that EAD as long as their spousal visa status remains valid.

To avoid or minimize a potential gap in employment, individuals with affected EADs should file their EAD extension application as early as possible. EAD extension applications can generally be filed up to 6 months (180 days) before the current EAD card expires.

Legal challenges to the IFR are likely and Duke Visa Services will closely monitor the situation and provide additional updates as they become available.