Legal Updates

On October 30, 2025, the administration published an interim final rule (IFR) that eliminated the automatic extension of timely-filed work authorization applications (EADs) in eligible categories; the automatic 540-day extension period no longer exists. This is effective for all EAD Petitions filed on or after October 30, 2025.

The rule will NOT affect automatic extensions for EAD extensions filed before October 30, 2025, for categories that are eligible for an extension.

Impacted categories include:

• H-4 nonimmigrants (C26)
• Spouse of principal E and L-1 (A17 & A18)
• Pending Adjustment of Status (C9)
• Asylum application pending (C8)
• Withholding of Deportation or Removal Granted (A10)
• Cancellation of removal applicants (C10)
• VAWA Self-Petitioners (C31), among others

NOTE: The rule should not impact the 180-day automatic extension for individuals applying for STEM OPT, as this automatic extension is authorized under the separate regulation of 8 CFR 274a.12(b)(6)(iv). We will continue to monitor this and send an update as soon as we have confirmation as to whether STEM extensions are included.

Regarding Temporary Protected Status, the Department of Homeland Security (DHS) is adding a new 8 CFR 274a.13(e). The new provision explains that, unless otherwise provided in 8 CFR 274a.13(d), by law, or through a Federal Register notice for Temporary Protected Status (TPS)-related employment documentation, the validity period of an expired or expiring Employment Authorization Document and/or employment authorization will not be automatically extended by a renewal EAD application filed on or after October 30, 2025. This IFR does not impact automatic extensions of EADs and/or employment authorization provided by law or Federal Register notices, such as those for TPS applicants and beneficiaries pursuant to section 244 of the Act, 8 U.S.C. 1254a, and 8 CFR part 244.

To mitigate a gap in employment authorization, employees in the affected categories need to plan appropriately. They should file the EAD extensions as soon as they are statutorily able, which is 180 days prior to the current EAD expiration.