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On October 30, 2025, the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) jointly published a new rule in the Federal Register terminating automatic work permit extensions effective immediately. Under this rule, foreign nationals who currently hold Employment Authorization Documents (EADs) will no longer receive automatic extensions. Previously, USCIS issued automatic extensions to applicants with pending EAD renewal applications.
Who Will This Affect?
This new rule will impact individuals with pending Green Card or asylum applications, those seeking withholding of removal, and VAWA applicants. It will also apply to holders of E-1, E-2, E-3, H-4, and L-2 visas, as well as other categories previously eligible for EAD renewals with automatic extensions.
USCIS had implemented the 540-day automatic extensions to cover the time typically required for the agency to render a decision on employment authorization applications. This measure allowed individuals to maintain continuous employment while awaiting their EAD renewal.
Are There Any Exceptions?
According to the Federal Register, exemptions from the new rule apply only to individuals who have been granted Temporary Protected Status that will be extended, or to those covered under specific cases designated by law or separate Federal Register notices. If these exceptions do not apply to you and you file an EAD application after October 30, 2025, your Employment Authorization Document will no longer be automatically extended for 540 days, as it was in the past.
The DHS claims that the termination of automatic extensions will help them “to reduce frivolous, fraudulent or otherwise non-meritorious EAD filings” and “free up adjudicatory and other resources to better ensure national security and program integrity.”
How To Avoid Losing Your Work Authorization
The termination of automatic EAD extensions has raised concerns, as late filers will no longer have any protection. To prevent disruptions to your employment, you must file your work permit renewal application within six months of its expiration date. This is the only way to maintain your legal work authorization once your current EAD expires.
If you need to renew your EAD and are concerned about the termination of automatic extension, or if you have questions regarding any other immigration matter, contact U.S. Immigration Law Counsel for a strategy session to discuss your case.
