Effective Date: October 30, 2025

The Department of Homeland Security (DHS) has issued an Interim Final Rule (IFR) eliminating the 540-day automatic extension period for Employment Authorization Document (EAD) renewals. This marks a significant shift from the temporary relief measure introduced by USCIS to address its chronic processing delays.

As of October 30, 2025, foreign nationals who file to renew their EADs will no longer receive an automatic extension of work authorization, unless specifically provided by law or through a Federal Register notice (such as for TPS-related EADs).

Key Takeaways

1. No Automatic 540-Day Extension for Renewals Filed on or After October 30, 2025.
   Foreign nationals who submit Form I-765 renewal applications on or after this date will no longer be granted an automatic extension of employment authorization or EAD validity.
2. Renewals Filed Before October 30, 2025, Are Not Affected.
   Pending or approved automatic extensions issued before the effective date will continue to be valid for the full 540-day period.
3. Specific Categories Impacted
   The rule affects individuals whose employment authorization is based on the specific categories listed in the Interim Final Rule, including:

   -Adjustment of Status applicants (Form I-485 pending)
   -H-4 spouses
   -F-1 students on STEM OPT
   -Refugees and asylees
   -E-1/E-2 dependent spouses

4. Categories Unaffected
   The rule does not impact those authorized to work in sponsored categories. such as H-1B, TN, O-1, and L-1 nonimmigrants. These individuals remain eligible for the standard 240-day automatic extension if their employer timely files an extension of stay.
5. Form I-9 Compliance Implications
   Employers will need to review and update their Form I-9 reverification processes for affected EADs expiring on or after the effective date, as there will no longer be an automatic extension. This change could result in employment gaps for affected workers unless renewal applications are adjudicated before their current EAD expires.

Next Steps for Employers and Employees

– Employers should plan for workforce disruption as gaps in employment authorization may become more common, especially among employees who rely on EAD-based work authorization.
– Foreign nationals are advised to file EAD renewals as early as possible within USCIS’s allowed filing window to minimize risk of employment interruption.
– HR and compliance teams should carefully track expiration dates and maintain alternative work authorization for affected employees whenever possible (e.g., H-1B worker filing for adjustment of status).

Note: TPS EADs are Unaffected

Temporary Protected Status (TPS) beneficiaries remain protected. Their employment authorization may still be automatically extended through Federal Register notices, independent of this rule.

Meltzer Hellrung’s Perspective

We believe this sudden rule change will have a significant impact for both employers and employees, as standard processing times for many EAD classifications can exceed 180 days.   The elimination of the 540-day extension significantly reduces the flexibility employers previously relied on to maintain continuity of their employees’ work authorization.

We recommend that clients review their internal systems for tracking EAD expiration dates to ensure that EAD renewals are submitted 180 days before the EAD expiration date. In addition, HR departments should communicate proactively with employees whose authorization depends on EADs to ensure that all required information  and documentation is immediately available to enable the earliest possible filing of renewals.

Please contact your Meltzer Hellrung professional team if you have any questions about how the new rule will impact your workforce.