By Richard T. Herman, Immigration Attorney
Founder, Herman Legal Group – The Law Firm for Immigrants, serving clients nationwide and across Ohio in Cleveland and Columbus.

Pro Tip

File Form I-765 as early as USCIS permits — up to 180 days before your EAD expires — to prevent a work authorization gap.

Overview — What Changed and Why It Matters

On October 30, 2025, USCIS and the Department of Homeland Security (DHS) ended the 540-day automatic employment authorization (EAD) extension and returned to a 180-day limit, or none at all depending on category. The Immigration and Nationality Act (INA) provides the legal authority for DHS to regulate employment authorization and related procedures.

Under previous regulations, eligible EAD renewal applicants in certain categories and certain employment authorization categories received automatic extensions of employment of up to 540 days while their renewal applications were pending.

This change affects hundreds of thousands of non-citizen workers and their employers across the United States. The original 540-day rule was implemented in response to significant backlogs in EAD applications and lengthy EAD processing times, which threatened to disrupt employment for many individuals.

Read the official USCIS News Release and Federal Register Notice.

Fast Fact

The 540-day rule was introduced in 2022 to relieve processing backlogs during the pandemic. Its termination now means many workers face potential employment interruptions and compliance risks.

FAQs

1. If I Filed My EAD Renewal Before October 30, 2025, Am I Still Covered by the Old Rule?

Yes, if USCIS received your Form I-765 before October 30, 2025, you remain eligible for up to 540 days of automatic work authorization.

No, if your renewal was filed on or after October 30, 2025. You are limited to 180 days or less depending on category. Employees eligible for automatic extensions must provide a facially expired EAD along with a Form I-797C Notice of Action (receipt notice) indicating a timely filed renewal application prior to October 30, 2025, as proof of employment authorization. A facially expired EAD, when combined with a Form I-797C Notice, may be considered valid for employment authorization during the automatic extension period. The IFR states that agencies must no longer consider an expired EAD valid unless the applicant can present a Form I-797 receipt notice demonstrating a timely filed renewal application prior to October 30, 2025.

Important Note:

USCIS uses the receipt date, not the mailing date, to determine eligibility.

2. Which EAD Categories Are Impacted and Which Are Exempt?

Key Insight:

H-4 and L-2 dependents face the most serious disruption in 2025 and 2026.

3. Why Did DHS End the 540-Day Extension?

The DHS stated that backlogs have decreased, making the temporary rule unnecessary.

However, processing times remain inconsistent. Many immigration experts argue this policy reversal will harm both lawful immigrant families and U.S. employers. DHS cites national security and vetting concerns as the reason for eliminating automatic extensions of employment and extensions of employment authorization, as these previously allowed continued employment without full eligibility review.

DHS expressed concern that automatic extensions could potentially finance nefarious activities due to insufficient vetting of recipients. Individuals who were previously eligible for longer extensions are now subject to stricter review and case-by-case assessment. DHS also states that the changes will allow for better vetting and security before providing employment authorization to noncitizens. The end of automatic extensions is consistent with President Trump’s executive orders focused on national security and immigration control.

4. What Should Employers Do Now?

Employers must immediately update their I-9 procedures and tracking systems.

Essential Steps:

• Reverify I-9s for expiring EADs. Employers should track EAD expiration dates and ensure timely reverification to maintain compliance.
• Employers should be aware of different employment authorization categories when updating I-9 procedures, as these categories determine eligibility and documentation requirements.
• Expired EAD plus I-797C receipt is no longer valid for new filings after October 30, 2025.
• Suspend employment when EADs expire unless another valid status applies.

For guidance, review the SHRM I-9 Guide and DHS I-9 Central.

Employer Compliance Checklist

5. What Should Workers Do to Avoid Gaps?

1. File your I-765 renewal as early as 180 days before expiration. Submitting your renewal EAD application as soon as you are eligible helps prevent gaps in employment authorization.
2. Always ensure you have a valid EAD to avoid unauthorized work and employment interruptions.
3. Track your case status using USCIS Processing Times.
4. Request expedited processing if your job or livelihood is at risk.
5. Explore alternative visas (H-1B, L-1, O-1) that offer work authorization incident to status.

Expert Tip:

A dual-status or backup strategy can help you stay work-eligible during gaps.

6. If My EAD Expires, Can I Keep Working Under the Automatic Extension?

No, unless you are still under a valid automatic extension. If you have an expiring EAD and do not qualify for an automatic extension, you must stop working until you receive USCIS approval of your new EAD; resuming employment is only possible after this approval. Continuing work after your EAD expires violates immigration and employment law.

CAUTION: Do not work without authorization. Read this onhow USCIS tracks unauthorized work.

Important Note:

There is no grace period once the automatic extension ends.

7. Does This Affect F-1 Students on OPT or STEM OPT?

No. The change does not affect students on OPT or STEM OPT, who are governed by separate DHS rules. However, transitioning from F-1 nonimmigrant status to another dependent or employment-based nonimmigrant status will bring you under the new rule, as employment authorization is dependent on your current nonimmigrant status. F-1 students applying for STEM OPT extensions are still eligible for a 180-day automatic extension.

8. How Are H-4 and L-2 Spouses Affected?

H-4 and L-2 spouses face the greatest delays because they depend on USCIS for EAD renewal approval. This change primarily affects applicants with EADs based on humanitarian grounds, including asylum seekers, refugees, asylum applicants, and certain TPS recipients. The impact of these changes can vary significantly depending on an individual’s immigration status, as employment authorization eligibility and renewal procedures are closely tied to the specific immigration status or pending applications of each person.

Fast Fact: Many H-4 and L-2 EAD renewals already take more than six months to process, exceeding the new 180-day window. Read the Holland Advisory.

9. How Are Adjustment-of-Status Applicants Affected?

Adjustment applicants (I-485 pending, category C-9) now receive a 180-day extension, not 540.
Expert Tip: File both Form I-765 and Form I-131 together to maintain continuous employment and travel permission.
See the AILA Practice Advisory.

10. What About TPS Holders or Asylees?

Not affected. TPS work authorization is automatically extended through Federal Register notices specific to each country. TPS applicants may also be eligible for automatic extensions of their Employment Authorization Documents (EADs) as outlined in these notices. Visit USCIS TPS Updates.

11. Can I Travel While My EAD Is Pending?

Travel is risky. Leaving the United States while your I-765 is pending may be treated as abandoning your application in some categories. Additionally, traveling outside the U.S. while a renewal is pending may affect EAD validity, potentially resulting in a lapse of employment authorization.

Expert Tip:

Always file Form I-131 (Advance Parole) together with your renewal.

12. What If USCIS Rejects My Renewal Due to Error?

If USCIS rejects your EAD renewal application due to a missing signature or outdated form, the original filing date is lost. Resubmitting after October 30, 2025, eliminates 540-day protection.

Use the latest Form I-765.

13. What Can I Do If My Job Is at Risk Because of EAD Delays?

You or your employer can request an expedited review through the USCIS Contact Center.
You may also reach out to your Congressional office or the DHS Ombudsman for intervention.

14. What Are the Risks of a Work Authorization Gap?

Key Insight:

Even short unauthorized work periods can affect future visa or green card eligibility.

15. How Early Should I File?

Expert Tip:

Incorporate a 180-day filing habit into your HR or personal immigration planning.

16. Can I Change to Another Visa to Avoid Delays?

Yes. If you qualify, consider moving to H-1B, L-1, O-1, or TN categories. These offer work authorization incident to status and do not require separate EADs.

17. How Are Dependent Spouses (L-2, E-2, E-3) Treated?

L-2 and E dependents can work incident to status only if their I-94 shows the appropriate notation. If not, they must renew the EAD like other applicants.

18. Could This Rule Be Challenged in Court?

Yes. Several immigration advocacy groups and employers are exploring lawsuits claiming the rollback violates the Administrative Procedure Act.

Fast Fact:

A federal injunction could temporarily reinstate the 540-day extension.

Background on Employment Authorization

Employment authorization documents (EADs) are a cornerstone of the U.S. immigration system, allowing certain foreign nationals to work legally in the United States. Issued by U.S. Citizenship and Immigration Services (USCIS), these documents grant employment authorization to individuals in a variety of immigration categories, from pending adjustment of status applicants to those with Temporary Protected Status (TPS) or asylum.

To obtain an EAD, eligible foreign nationals must file Form I-765, Application for Employment Authorization, with USCIS. This process is essential for maintaining lawful work authorization and ensuring compliance with both immigration and employment laws. For many, the ability to work hinges on the timely approval and renewal of their employment authorization documents.

Historically, the Department of Homeland Security (DHS) has implemented the practice of automatically extending the validity of certain employment authorization documents for renewal applicants who timely file their EAD renewal applications. This automatic extension of employment authorization—most recently up to 540 days—was designed to prevent gaps in work authorization caused by lengthy USCIS processing times. During this automatic extension period, renewal EAD applicants could continue working while their new EAD application was pending, provided they had a timely filed renewal application and a valid receipt notice.

However, the interim final rule (IFR) published by DHS marks a significant shift. Effective October 30, 2025, the practice of automatically extending EADs for most renewal applicants will end, except where required by law or a specific Federal Register notice—such as those related to Temporary Protected Status (TPS). This means that, for most categories, EAD renewal applicants filing on or after October 30, 2025, will no longer benefit from an automatic extension of employment authorization. Once their current EAD expires, so does their work authorization, unless they have another valid basis for employment.

This change has far-reaching implications. Without the safety net of automatic extensions, both employees and employers must be vigilant. Employers are required to reverify employment authorization before an employee’s current EAD expires, as failure to do so can result in significant penalties. It is now more important than ever for employers to track the expiration dates of employment authorization documents and ensure that any renewal applications are timely filed. For employees, understanding the new rules and planning ahead is critical to avoid disruptions in continued employment authorization.

The Department of Homeland Security has cited national security and proper vetting as key reasons for this policy change, expressing concerns that automatic extensions could allow individuals to continue working without a full eligibility review, potentially enabling bad actors to finance nefarious activities or pose public safety threats. As a result, the new rule emphasizes the need for thorough review and compliance with all employment eligibility verification requirements.

It’s important to note that certain exceptions remain. For example, individuals with TPS-related employment documentation may still benefit from automatic extensions if an applicable Federal Register notice is in effect. Renewal applicants who filed their EAD renewal applications prior to October 30, 2025, and have a valid Form I-797C receipt notice, remain eligible for the 540-day automatic extension. However, for those filing on or after the effective date, the landscape has changed.

In summary, the background on employment authorization underscores the critical importance of understanding the evolving rules around EADs, timely filing, and the end of the practice of automatically extending the validity of certain employment authorization documents. Both employers and employees must stay informed and proactive to ensure continued employment authorization and avoid costly disruptions or penalties. For the latest updates, always consult the applicable Federal Register notices and seek guidance from experienced immigration services professionals.

19. What Should Employers Do?

Employers such as universities, hospitals, and tech firms should:

• Implement EAD tracking software.
• Conduct quarterly I-9 audits.
• Train HR staff on new timelines.

Example:

Cleveland Clinic and Ohio State University have begun internal reviews to ensure compliance.

20. Which Law Firms Are Experienced in Handling EAD and Work Permit Cases?

Ohio Focus:

Cleveland and Columbus employers, especially in healthcare and technology, are among those most affected by this rule. Local firms like Herman Legal Group are leading efforts to help workers maintain lawful employment.

Quote from Richard T. Herman

“Ending the 540-day extension is not a technical adjustment — it is a human disruption. Families who followed every rule now face unnecessary job loss, financial instability, and uncertainty.”

Key Takeaways

• The 540-day automatic EAD extension ended October 30, 2025.
• Renewals filed before that date remain covered for up to 540 days.
• H-4, L-2, and AOS applicants are most affected.
• TPS and STEM OPT workers are not impacted.
• File Form I-765 early to minimize risk.
• Employers must update I-9 procedures.
• Consult Herman Legal Group for help maintaining continuous authorization.