Oct 30 – USCIS published an interim final rule that is expected to be published today that will eliminate the maximum 540-day automatic extension of certain EADs for renewal applications filed on or after October 30, 2025. The Dept. of Homeland Security states that the change in policy is intended to enhance screening and vetting by requiring USCIS to affirmatively reevaluate an individual’s eligibility before extending work authorization.
The new rule will not affect automatic extensions already granted to renewal applicants before October 30. It also will not impact automatic extensions otherwise provided for by Federal Register notice or by law, such as for STEM Optional Practical Training (OPT) EAD renewals filed by F-1 students. F-1 students will continue to receive a 180-day auto-extension upon timely filing of their STEM EAD application pursuant to a separate regulatory provision.
The list of affected EAD categories includes:
- Adjustment of status applicants (C09);
- Refugees and asylees (A3 and A5);
- Noncitizens who have properly filed applications for asylum and withholding of deportation or removal (C08);
- Approved self-petitioners under the Violence Against Women Act (VAWA) and their qualified children (A31);
- H-4 spouses of H-1B visa holders (C26).
See here for a full list: https://www.uscis.gov/
Please note that spouses of L-1 and E nonimmigrants are work-authorized “incident to status” and do not require an EAD. As such, they remain work authorized so long as they are in valid dependent status and have an unexpired I-94 bearing L-2S or E-2S designation.
Foreign nationals who rely on EADs for work authorization should file EAD renewal applications as early as possible. However, please note that renewals can be filed no earlier than six months before expiration. Due to lengthy USCIS processing times which can exceed 6 months, this change in policy will likely lead to gaps in work authorization as the work authorization for affected individuals will now expire the day after the expiration date listed on their EAD card, and will not resume until the new EAD is received.