The Department of Homeland Security (DHS) announced on October 29, 2025, an Interim Final Rule ending the automatic extension of Employment Authorization Document (EAD). The rule will apply to EAD applications filed on or after October 30, 2025.  

Key Takeaways  

• • The rule eliminates the automatic 540-day extension previously granted for EADs that are timely filed before October 30, 2025.  

• • It does not affect automatic employment authorization extensions that have already been issued.   

• • The rule does not apply to automatic extensions authorized by law or through Federal Register notices (e.g. Temporary Protected Status).  

• • It applies to EAD renewal applications filed on or after October 30, 2025.  

• • Employers and employees should prepare for possible gaps in work authorization.  

Background  

• • In December 2024, the DHS implemented an automatic 540-day extension for certain EAD renewal applications to address significant adjudication delays.  

• • Under this policy, the timely filing of an EAD renewal application automatically extended the individual’s employment authorization.  

• • According to DHS, the newly announced rule is intended to enhance national security and strengthen vetting procedures for EAD renewal applicants.  

End of the Automatic Extension  

• • EAD renewal applications filed on or after October 30, 2025, will not be issued for an automatic extension.  

• • Pending EAD renewal applications submitted before October 30, 2025, will continue to receive the automatic extension.  

• • Applicants should review their Form I-797, Notice of Action, to confirm that their case includes the automatic extension language, if filed before October 30, 2025.  

• • Individuals will not be able to work once their current EAD has expired if their renewal application was filed on or after October 30, 2025.  

• • DHS encourages applicants to submit renewal applications up to 180 days before their EAD expiration date to avoid interruptions in employment authorization.  

Who is impacted by this rule: 

• • Applicants with a pending Adjustment of Status application  

• • Applicants with a pending asylum application  

• • Parolees authorized to work in the U.S.  

• • Dependent Spouses of E, L-1, and H-1B visa holders  

• • Individuals with Deferred Action for Childhood Arrivals (DACA) 

Who is exempted from this rule:  

The rule does not apply to automatic extensions authorized by law or through Federal Register notices (e.g., Temporary Protected Status).  

Farmer Law PC will continue to monitor developments with respect to these and other policy changes and will post updates on our blog as additional information becomes available.