USCIS Ends Automatic EAD Extensions for Most Categories Starting October 30, 2025
USCIS announced that it will be publishing an interim final rule today that will eliminate the automatic extensions of Employment Authorization Documents (EADs) for renewal applicants in most categories. This change applies to renewal applications filed on or after October 30, 2025. We anticipate that there will be litigation to challenge the implementation of USCIS’s Interim Final Rule.
Key Takeaways
The rule will NOT affect automatic extensions based on I-765 applications filed before October 30.
The rule will NOT affect F-1 OPT STEM EAD applicants, who will continue to be eligible for automatic 180-day EAD extensions
No automatic extension will be granted for renewal applications filed on or after October 30, 2025 for individuals with EADs under the following categories:
Withholding of Deportation or Removal Granted (A10)
Temporary Protected Status (TPS) Granted (A12)
Spouses of E and L-1 visa holders (A17 & A18)
H-4 nonimmigrants (C26)
Asylum applicants (C8)
Adjustment of Status applicants (C9)
Cancellation of Removal applicants (C10)
VAWA Self-Petitioners (C31)
See the full list of categories here.
Renewals filed before October 30, 2025 will still benefit from the 540-day extension
EAD Category Codes that previously were not eligible for an Automatic Extension will continue to be ineligible (e.g. C33)
Recommended Actions for Employers
Review Employee EAD Expiration Dates and encourage early filing of renewals
Encourage employees relying on EADs for work authorization to file their I-765 EAD renewal applications as early as possible (up to 180 days before expiration)
If the new EAD is not approved before their current EAD expiration, this may result in employment authorization gaps
Update I-9 Procedures
Do not assume automatic extensions for I-765 EAD renewals filed after October 30.
Check the USCIS Handbook for Employers for updates on how to complete the I-9.