Starting on October 30, 2025, applicants who file to renew their Employment Authorization Documents (“EAD”) will no longer receive an automatic extension of 540 days of work authorization pursuant to a timely filed extension request. This Department of Homeland Security (“DHS”) action effectively ends the automatic extensions of EADs codified in 2024, with limited exceptions. DHS asserts that automatic extensions pose a security vulnerability, and this policy update will allow for more thorough review and verification of individuals seeking authorization to work in the United States.
Background
Until November 2016, regulations mandated the United States Citizenship and Immigration Services (“USCIS”) to adjudicate an EAD application within 90 days, and if USCIS did not adjudicate it within that time frame, an applicant could request an interim EAD valid for up to 240 days. On November 18, 2016, DHS issued a final rule eliminating interim EADs, instead establishing a maximum 180-day automatic extension for certain renewal applicants. A subsequent final rule, issued in December 2024, further extended the automatic extension period to up to 540 days for eligible applications filed on or after May 4, 2022, or pending as of that date.
Under the current 540-day regulation, EAD validity may be automatically extended for up to 540 days after its expiration upon a timely filed renewal application in the same employment eligibility category.
An expired EAD is considered automatically extended during this period when paired with the extension receipt notice confirming a timely renewal filing.
Effective October 30, 2025, EAD renewals filed on or after this date will not receive automatic renewals
DHS will end the practice of automatically extending the validity of employment authorization documents for applicants who file and/or submit an application to renew their EAD on or after October 30, 2025. Limited exceptions include circumstances where extensions are provided by law or through a Federal Register notice for TPS-related employment documentation.
USCIS is slated to include clear language in receipt notices stating that the document does not serve as evidence of employment authorization and cannot be presented with an expired EAD to demonstrate work eligibility. The updated regulation provides:
The DHS specifically distinguishes between those who require EADs to be work authorized, and those who are work authorized incident to status. Those work authorized incident to status (such as spouses of L-1 nonimmigrant workers in the U.S. under L-2S visa status) do not necessarily require EADs and notes that in scenarios where the L-2 individual holds an EAD and it expires, they may continue working as long as they continue holding L-2S visa status.
For individuals who otherwise require an EAD approved by USCIS to work, such as individuals permitted to work pursuant to certain conditions under H-4 visa status and for green card applicants, the EAD and the associated employment authorization terminate the day after the end date shown on the EAD, with no automatic extensions allowed even if a timely renewal application is filed and is pending. USCIS will use its discretion to determine the period of work authorization and will issue an EAD reflecting that period.
No impact to extension requests before October 30, 2025
The new final rule will not impact automatic extensions to EAD renewal requests that were properly and timely filed with USCIS before October 30, 2025, and are still pending with USCIS, and is based on the same employment eligibility category, as evidenced by the receipt notice (Form I-797C) issued by USCIS.
Vialto will continue to monitor this situation and will provide additional guidance as more information becomes available.
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Manish Daftari
Partner
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