On October 29, 2025, the Department of Homeland Security (DHS) released an interim final rule removing automatic extensions of work authorization for many foreign nationals who timely file an application to renew their Employment Authorization Document (EAD). For years, USCIS provided automatic extensions for 180 days—later increased to 540 days—to provide relief from massive application backlogs and processing delays. The removal of automatic extensions therefore marks a sharp shift away from longstanding policies designed to promote employment continuity.
Key features of the interim final rule include:
No automatic extension for many EAD renewal applicants filing on or after October 30, 2025.
Limited exceptions for categories where automatic extensions are required by statute or designated through notice (such as TPS-related categories).
Continued validity of any automatic extensions for renewals filed before October 30, 2025.
Affected EAD categories include H-4 spouses of certain H-1B nonimmigrants (C26) and foreign nationals who have filed AOS applications under section 245 of the INA (C09).
The end of these automatic extensions may create compliance and workforce management challenges for employers. Many foreign nationals rely on automatic extensions to continue working lawfully while their renewal applications are processed, particularly in categories with long processing times. Without automatic extensions, delays or adjudication backlogs at USCIS may result in abrupt work authorization lapses, requiring employees to stop working.
Affected foreign nationals should file renewal applications at the earliest possible opportunity—ideally the full 180 days in advance—and enter case inquiries with USCIS as soon as permissible. They may also wish to consider alternative work authorization strategies.
Interim final rules take immediate effect but are subject to public comment. Litigation to prevent the rule taking effect is likely; however, employers should plan for a new reality in which uninterrupted employment authorization may no longer be assumed, even for long-term employees who have previously maintained continuous status.
U.S. Citizenship & Immigration Services (USCIS)’s announcement of the interim final rule can be accessed here. USCIS’ webpage on automatic EAD extensions can be found here.
Chris Beckerson. © Jewell Stewart Pratt Beckerson & Carr PC 2025