Ding Babb | USCIS Ends 540-Day Automatic EAD Extension Effective October 30, 2025

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On October 29, 2025, the U.S. Citizenship and Immigration Services (USCIS) issued an Interim Final Rule, officially terminating the 540-day automatic extension policy for most Employment Authorization Document (EAD) renewal applications. This policy change has broad implications and will directly affect applicants who rely on EADs to maintain lawful employment in the United States.

Under the new rule, all EAD renewal applications filed on or after October 30, 2025, will no longer be eligible for the 540-day automatic work authorization extension (with limited exceptions). This means that if an applicant’s EAD expires before the new card is approved, they must stop working immediately until the new EAD is issued, potentially resulting in work interruptions and loss of income.

All EAD categories that previously qualified for automatic extension will be affected. The following groups will be significantly impacted:

•  H-4, L-2, and E spouse visa holders

• Adjustment of Status (AOS/Green Card) applicants — (c)(9) category

• Asylum Pending applicants — (c)(8) category

Under the previous policy, applicants who timely filed for EAD renewal before their current EAD expired could continue working legally with their expired EAD plus the receipt notice, for up to 540 days.

Under the new rule, EAD renewal applications submitted on or after October 30, 2025, will no longer receive an automatic extension. Once an EAD expires and the new card has not yet been approved, the applicant must stop working immediately until the new card is officially issued.

This change may trigger a range of consequences, including work interruptions and loss of income, employer compliance risks, and potential personal and financial stress due to uncertain immigration status. Applicants who rely on timely EAD renewals to maintain lawful employment may face significant disruptions, and employers must carefully navigate compliance requirements to avoid legal or regulatory issues. It is therefore essential for affected individuals to plan ahead, monitor the status of their EAD applications closely, and seek professional legal guidance if delays occur.

The new rule does not apply universally. The following scenarios may still qualify for automatic extension:

1. Renewal applications filed before October 30, 2025: These applications continue to be eligible for the original 540-day automatic extension.

   
   

2. Temporary Protected Status (TPS) holders: USCIS may continue to provide automatic EAD extensions for eligible TPS beneficiaries through separate announcements.

To avoid work disruptions due to an expired EAD, applicants are advised to:

• File renewal applications as early as possible: EAD renewal can be filed up to 180 days before expiration. Prepare your documents and submit promptly.

• Monitor your case status closely: If your EAD renewal is pending for an extended period, consider submitting a service request to USCIS, or seeking congressional assistance to expedite your case.

• Stay informed on official policy updates and public comment periods: DHS is currently accepting public comments on this rule until December 30, 2025. Interested applicants or organizations may submit feedback via the Federal Register website.

The elimination of the EAD automatic extension represents one of the most significant adjustments to U.S. work authorization in recent years. For individuals who rely on EAD to maintain lawful employment, early planning, timely renewal filing, and close monitoring of case status are essential.

If you are unsure whether this new rule affects your immigration status or employment eligibility, it is strongly recommended that you consult with a professional immigration attorney for personalized guidance.

Ding Babb Law Group will continue to monitor the latest immigration policy developments and provide clients with timely, accurate legal analysis and practical strategies to navigate these changes.