USCIS to End 540-Day Automatic EAD Extension on October 30, 2025

 

The Department of Homeland Security (DHS) announced yesterday that it will publish an interim final rule, effective today (yes, today!), October 30, 2025, that eliminates the automatic extension of work authorization for certain timely filed Form I-765 renewal applications. DHS explains that the new rule “prioritizes vetting, screening to protect public safety, national security.”

Effective October 30, 2025, the current 540-day automatic extension will be reduced to zero days.

Key Takeaways

  • Applications filed before October 30, 2025 will still receive the 540-day automatic extension.

  • Applications filed on or after October 30, 2025 will no longer qualify for any automatic extension.

  • Individuals currently benefiting from a 540-day extension will not be affected.

Impacted Categories

The change affects all categories currently eligible for the 540-day automatic extension, including:

  • Withholding of Deportation or Removal Granted (A10)

  • Temporary Protected Status Granted (A12)

  • Spouses of E, L-1, and H-1B nonimmigrants (A17, A18, C26)

  • Asylum Application Pending (C8)

  • Adjustment of Status Pending (C9)

  • Cancellation of Removal Applicants (C10)

  • VAWA Self-Petitioners (C31)

The full list is available here.

Note: International students who timely file to extend their OPT based on their STEM degree will continue to benefit from the automatic 180-day extension of their work authorization while their STEM OPT application is pending.

Filing Tips

  • Consider filing electronically: Form I-765 may be filed online for many categories, including A12, C8, C9, and C19

  • File early: USCIS reminds applicants that they may file up to 180 days before their current EAD expires.

From a practical perspective, this change is unfortunate because USCIS frequently takes longer than 180 days to process renewal applications, which can cause serious disruptions for employers and mixed-status families who rely on continued work authorization. Moreover, these applicants have already undergone background checks and vetting as part of their initial applications. It remains to be seen whether this rule will face legal challenges given the limited public notice and the significant potential consequences for affected workers and their families.

We will continue to monitor the situation and provide updates as more information becomes available.

 
Nadia Yakoob