USCIS announced in an interim final rule on October 29, 2025, that it will end the automatic extension of Employment Authorization Documents (EADs) for most EAD card holders effective October 30, 2025. Previously, certain applicants who filed a timely Form I-765 renewal could continue working for up to 540 days after their EAD expired while awaiting a decision from USCIS. Under the new rule, that automatic extension will no longer apply to renewals filed on or after October 30, 2025, and individuals must now have an approved, valid EAD card in hand to remain work-authorized. Renewal applications filed before October 30, 2025 will continue to benefit from the 540-day automatic extension, meaning those that have already been automatically extended will not have their extension revoked.

What EAD Categories Are Affected?

The change primarily affects categories such as H-4 spouses (c)(26), L-2 spouses (a)(18), E spouses (a)(17), asylees and refugees (a)(3) and (a)(5), pending asylum applicants (c)(8), adjustment-of-status applicants (c)(9), and VAWA self-petitioners (c)(31), among others. This is notable because the processing times for these categories can range anywhere from 4 to 12 months, meaning previously work authorized employees expecting to have their EAD automatically extended upon timely filing their renewal could find themselves unable to work for up to a year’s time while waiting for the agency to process their renewal application.

Some EAD categories are unaffected by the new rule because their automatic extension periods are not governed by the general 8 C.F.R. § 274a.13(d) regulation that USCIS just amended. Instead, they are covered by separate regulatory or Federal Register authorities that remain in force — most notably Temporary Protected Status (TPS) holders (a)(12), pending TPS applicants (c)(19), and F-1 students on STEM OPT (c)(3)(C).

What Steps Should Employers and Employees Take in Response?

For employers: Companies must update I-9 compliance procedures to remove reliance on the automatic-extension provision for renewals filed on or after October 30, 2025. HR teams should audit current employee records to determine who will be affected, set up systems to monitor EAD expirations, and communicate with employees about renewal timelines to minimize disruptions. Employers may also consider alternate visa strategies, such as transitioning eligible workers to other employment-based categories, to avoid lapses in work authorization.

For employees: Individuals in affected categories such as H-4, L-2, E-spouses, adjustment-of-status applicants, and asylum applicants should file EAD renewal applications as early as possible, since they will no longer be able to rely on an automatic extension once their card expires. They should also track their expiration and receipt notice dates carefully, maintain documentation of timely filings, and consult with their employer on any expected gap in employment to avoid working without authorization while waiting on a renewal that is filed and pending with USCIS.

However, it is important to note that this is an “interim final rule” meaning that while in effect immediately and binding on both employers and employees, the notice still invites public comments to be submitted and may later be amended or finalized in light of those comments. That means the final rule may differ from the interim final rule depending on feedback, litigation, or further analysis.

MHS is continuing to monitor this developing situation and will provide updates as more information becomes available.