US Department of Homeland Security ends automatic extension of most EADs

The US Department of Homeland Security has issued an interim final rule ending the automatic extension of Employment Authorization Documents (EADs) for most renewal applicants. Effective October 30, 2025, those filing to renew their EADs will no longer receive automatic extensions of work authorization while their applications are pending, except in very limited circumstances.

Affected EAD categories include:

• H-4 nonimmigrants (C26).
• Spouses of principal E and L-1 visa holders (A17 and A18). However, spouses of principal E-1, E-2, E-3, and L-1 visa holders may continue to work in the US incident to their statuses without applying for EADs, so long as their I-94s end with the designation “S” for spouse.
• Individuals with pending adjustment of status applications (C9).
• Individuals with pending asylum applications (C8).
• Individuals granted a withholding of deportation or removal (A10).
• Individuals granted temporary protected status (A12).
• Cancelation of removal applicants (C10).
• VAWA self-petitioners (C31), among others.

Given the lengthy adjudication time for EAD renewal applications, this change creates a major challenge in maintaining work authorization for foreign nationals working in the United States pursuant to EADs in the above categories. Previously, most timely filed EAD renewal applications in these categories allowed applicants to continue working for up to 540 days while the application was pending. Accordingly, foreign nationals should plan to file EAD renewal applications as soon as possible (ie, up to 180 days before expiration) to minimize the risk of a gap in work authorization.

The interim final rule does not affect any automatic EAD extensions granted prior to October 30, 2025. The rule also does not apply to F-1 student EADs (ie, C3A, C3B, and C3C). An F-1 OPT holder who timely files an application for a STEM OPT extension will continue to be eligible to work for up to 180 days past OPT expiration while the STEM OPT application is pending.

If you have any questions or need additional information about this alert, contact the HSF Kramer Immigration Group.