End of Automatic 540-Day Work Authorization Extension for Certain EAD Renewals

Earlier this month, the Department of Homeland Security (DHS) published a final rule, which adopted the proposed October 30, 2025 rule, eliminating automatic extensions for certain EAD renewal applicants. The final rule maintains the controlling filing cutoff of October 30, 2025, reducing the automatic 540-day work permit extension to 0 days for those who filed after the cutoff. 

Eligible applicants who filed renewal applications before October 30, 2025, may continue to benefit from the 540-day automatic extension, subject to applicable requirements. For renewals filed on or after October 30, 2025, timely filing alone does not automatically extend EAD validity or, where applicable, employment authorization. Exceptions remain for extensions otherwise provided by law or an applicable Federal Register notice concerning TPS-related employment documentation. 

Affected groups include certain asylum applicants, adjustment of status applicants, H-4 spouses, and VAWA self-petitioners, among others previously eligible for extensions based on a pending renewal application. Whether an individual maintains work authorization through their immigration status, such as dependent spouses in L-2 and E status, or another provision requires a separate assessment. 

The 180-day STEM OPT automatic extension remains in effect for F-1 students who file timely extension applications, allowing students to continue working for up to 180 days while their applications remain pending, subject to applicable requirements. 

USCIS estimates that 20,000 to 33,000 EADs will lapse before approval in the 18-month window starting May 2027 and that approximately 1,700 to 2,800 employers will be impacted.  Individuals with EADs can file the extension applications up to 180 days before expiry.  Given the expected delays in processing, individuals with impacted EADs should file their extension applications as soon as the 180-day window opens. 

We will continue to monitor developments and provide updates as additional information becomes available.

Please contact us if you would like to discuss these developments further.