By Richard T. Herman, Immigration Attorney
Founder, Herman Legal Group — Offices in Cleveland & Columbus, Ohio
Quick Answer Box
On October 30, 2025, the U.S. Citizenship and Immigration Services (USCIS) and Department of Homeland Security (DHS) officially ended the 540-day automatic extension for Employment Authorization Documents (EADs).
Going forward, most renewal applicants will receive only the standard 180-day extension—or none at all—creating potential employment gaps if USCIS delays persist. This may result in a temporary lapse in employment authorization for affected workers.
This change hits hardest for non-citizen workers whose status depends on timely EAD renewal—such as H-4 spouses, L-2 spouses, and pending green-card applicants.
Pro Tip: File Form I-765 Renewals as Early as Permitted
USCIS allows EAD renewals to be filed up to 180 days before expiration. Filing early—especially before October 30, 2025—can determine whether you still qualify for the outgoing 540-day automatic extension. Properly filing your renewal application is essential to maintain continuous work authorization and avoid any lapse in employment eligibility. Waiting even one day too long may cut your work-authorization coverage by a year.
Expert Commentary
“When a work permit delay means a parent can’t feed their family, that’s not bureaucracy — that’s cruelty in slow motion. Ending the 540-day extension punishes the very people who keep our economy alive.” Immigration Attorney Richard T. Herman
1. What Exactly Changes on October 30, 2025
Under the new rule (Fragomen Analysis), any EAD renewal filed on or after October 30, 2025 is no longer eligible for the 540-day automatic extension. An I-797C receipt notice for a renewal application filed after October 30, 2025, will generally no longer be valid for work authorization reverification. Under prior rules, a facially expired EAD could still be considered valid for employment when presented with a timely renewal receipt notice.
Quick Comparison
| Category | Old Rule | New Rule (Oct 30 2025+) | Key Impact |
|---|---|---|---|
| Most EAD renewals (C-9, C-26, A-17, A-18, C-08, A-12) | 540 days | 180 days (or none) | Employment gap risk rises dramatically (Clark Hill) |
| STEM OPT (c)(3)(C) | 180 days | 180 days | Unchanged |
| Renewals filed before Oct 30 2025 | 540 days | Still 540 days | Transitional filings protected |
| Automatic extensions under TPS notices | Varies | Separate rules | Check each country-specific notice |
Expert Tip:
If you were able to file your EAD renewal before October 30, 2025, you have preserved the 540-day protection. Filing even one day later reduces coverage to 180 days.
2. Who Is Most Affected — High-Risk Categories
This rule hits some groups harder than others. The impact of the rule varies across different employment authorization categories, with certain categories facing a greater risk of employment gaps. Below are the most vulnerable:
A. H-4 Spouses (C-26)
Dependents of H-1B workers often rely entirely on the EAD to work. These applications face average processing times of 5–9 months, meaning a 180-day limit creates inevitable work gaps; in fact, prolonged EAD processing times directly increase the risk of employment interruption for H-4 spouses. Employers cannot legally keep them on payroll past expiration. USCIS processing delays could leave individuals without employment authorization for extended periods, often leading to financial instability.
B. L-2 and E Spouses (A-17 and A-18)
Although many now receive “work authorization incident to status” based on their nonimmigrant status, some still depend on EADs for documentation purposes or specific employer requirements (Brown Immigration Law). If they renew after October 30, they lose the 540-day buffer.
C. Adjustment-of-Status Applicants (C-9)
Applicants for green cards under section 245(a) are among the largest EAD user groups, as they are seeking permanent residence in the United States. Without the 540-day rule, delays in Form I-765 processing will again lead to job losses and benefit interruptions.
D. Asylum Applicants and VAWA Self-Petitioners (C-8 and C-31)
While some may qualify for other humanitarian protections, many depend solely on EAD renewals. Backlogs in asylum adjudication make 180 days inadequate for timely renewal. If their employment authorization expires before renewal, they must stop working until a new EAD is issued.
E. TPS Holders (A-12 or C-19)
DHS may continue TPS-specific automatic extensions through separate Federal Register notices, which apply specifically to TPS applicants and beneficiaries. However, these are country-based and time-limited; they are no longer linked to the universal 540-day rule (Fragomen TPS Advisory).
Key Insight:
If your status category requires an EAD to work lawfully and you are not covered by TPS or incident-to-status authorization, you are squarely within the “high-risk” zone.
3. Who Is Not or Less Affected
Not everyone loses the 540-day benefit. Some categories remain protected or already have built-in authorization. Certain employment authorization categories are still eligible for automatic extensions under current regulations.
STEM OPT Students (C-3-C)
Remain eligible for the standard 180-day automatic extension under existing regulations (USCIS M-274 Handbook). STEM OPT students must submit a timely renewal request for their employment authorization document (EAD) to benefit from this automatic extension.
Certain L-2 and E Spouses Authorized Incident to Status
Since 2022, L-2 and E spouses with I-94s annotated “S-class” may work without EADs. They do not need extensions unless employer policies still require card evidence (Fragomen Client Update). In such cases, maintaining a current EAD may still be necessary for employment verification.
Certain TPS and DACA Recipients
Where DHS issues specific country or category extensions in the Federal Register, those continue to apply. Under previous rules, employment authorization documents (EADs) were automatically extended prior to the new regulation, but this practice has now been amended. They are administered separately from the 540-day rule.
Employment-Based Non-EAD Visa Holders
H-1B, L-1, O-1, and TN visa holders work incident to status and are not impacted by EAD extensions. Their employment authorization is based on their underlying immigration status, meaning their ability to work is directly tied to their visa classification rather than a separate employment authorization document. However, their dependents may be.
Fast Fact:
According to Clark Hill, only about 15% of EAD renewal categories will remain eligible for automatic extensions after October 2025.
4. Key Questions and Answers
“If I file before October 30, am I still covered?”
Yes—if your renewal is timely filed and properly filed according to USCIS requirements before Oct 30, 2025, you qualify for the 540-day extension under transition rules (Fragomen).
“What if my EAD expires and USCIS hasn’t approved the renewal?”
Without a valid extension, your work authorization ends on the EAD expiration date. If you have an expiring EAD and a new card is not issued in time, you must stop working until your renewed EAD is approved. Employers must suspend you from work until a new card is issued (Ogletree Deakins Alert).
“Can my employer keep me on payroll if I filed on time?”
Only if your category still qualifies for an automatic extension and you have proof (Form I-797C receipt notice). Employers must verify eligibility and update Form I-9 records. This process is part of employment eligibility verification required by law to ensure the employee is authorized to work in the United States.
“Can I expedite my renewal?”
Expedite requests are available under USCIS criteria such as severe financial loss or urgent humanitarian need (USCIS Expedite Request Page). You may submit an expedite request for an EAD renewal application if you meet these criteria.
Veteran Immigration Lawyer Richard T. Herman:
“Immigrants deserve stability, not uncertainty. USCIS must process renewals faster, and Congress must ensure that no one loses their job simply because the government can’t keep up with its own paperwork.”
5. Impact on Employers and I-9 Compliance
As HR Dive reported, this rollback “creates immediate operational risk” for employers who depend on EAD holders.
Employer Action Plan:
- Create an internal EAD renewal tracking system.
- Notify employees 180 days before expiration.
- Track EAD expiration dates for all employees to ensure timely renewals and compliance with employment eligibility verification requirements.
- Train HR on the difference between 540 vs 180-day extensions.
- Suspend employment promptly if authorization lapses.
- Retain proof of timely filing in personnel files (ICE M-274 Guide).
Key Insight:
Employers with H-4 or AOS populations should assume renewal delays will cause temporary staffing losses unless filings are made early. It is critical to monitor the expiration date stated on each EAD to ensure legal compliance and avoid unauthorized employment.
Expert Insight
“This rollback isn’t about efficiency — it’s about exclusion. By cutting lifelines for lawful workers, DHS risks turning lawful employment into a game of luck and timing.” Immigration Lawyer Richard T. Herman
6. What Immigrants Should Do Right Now
Essential Info:
You may continue working only if you filed before the cut-off and your category is eligible for the automatic extension. Otherwise, employment must pause when the EAD expires. Work can only resume once a new EAD is issued.
7. Background — How the 540-Day Rule Came to Be
In May 2022, USCIS introduced a temporary rule extending certain EAD renewals from 180 to 540 days to relieve backlogs and prevent job losses caused by delays. That rule, explained by USCIS, allowed eligible workers to keep working for up to 18 months after their card expired as long as they filed a timely renewal. Changes to EAD extension policies, including the 540-day rule, are detailed in the applicable federal register notice, which serves as the official source for regulatory amendments and procedural updates.
In December 2024, DHS announced it would make that change permanent (USCIS Final Rule Notice). Employers and immigrant families hailed it as a lifeline—until the agency abruptly reversed course less than a year later.
The new Interim Final Rule (IFR), effective October 30, 2025, rescinds that benefit, with DHS claiming the “backlog crisis has eased” and that the 540-day period “no longer aligns with program integrity goals” (AILA Summary). The IFR was officially published in the federal register notice, which outlines the rule’s details and effective date. DHS’s interim final rule prioritizes the proper vetting and screening of aliens before granting a new period of employment authorization.
Fast Fact:
Between 2022 and 2025, over 800,000 non-citizen workers used the 540-day extension to stay lawfully employed during USCIS delays.
8. Purpose and Legal Authority of the Regulatory Action
The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) have ended the 540-day automatic extension for employment authorization documents (EADs) to strengthen national security and public safety. The primary purpose of this regulatory action is to ensure that all foreign nationals seeking an extension of employment authorization undergo thorough vetting and screening before being granted new periods of work authorization.
By ending the practice of automatically extending the validity of EADs for certain renewal applicants, DHS aims to reduce the risk of fraud, abuse, and potential public safety threats within the employment authorization process.
This change is grounded in the legal authority provided by the Immigration and Nationality Act (INA) and the Homeland Security Act of 2002. Specifically, section 103(a) of the INA authorizes DHS to administer and enforce immigration laws and to establish necessary regulations, while section 102 of the Homeland Security Act vests the Secretary of Homeland Security with the authority to issue such regulations.
These statutes empower DHS to amend its regulations through an Interim Final Rule (IFR), which, effective October 30, 2025, ends the automatic extension of employment authorization for certain EAD renewal applicants.
The IFR amends DHS regulations to discontinue the practice of automatically extending the validity of EADs for most renewal applications filed on or after October 30, 2025. This means that, moving forward, only those automatic extensions specifically provided by law or through Federal Register notices—such as those related to Temporary Protected Status (TPS)—will remain in effect.
The rule does not impact automatic extensions for TPS-related employment documentation under section 244 of the INA and 8 CFR part 244, nor does it affect extensions granted prior to the effective date.
DHS has also included a severability clause in the IFR, ensuring that if any part of the rule is limited or invalidated by a court, the remaining provisions will continue to apply to other categories and circumstances. This approach underscores the department’s commitment to maintaining the integrity of the employment authorization process while adapting to legal challenges as needed.
Overall, the regulatory action reflects a broader effort by DHS to enhance the security and integrity of the employment authorization document process. By prioritizing proper vetting and eligibility determinations for all renewal applicants, the department seeks to deter fraud, protect public safety, and ensure that only those who meet all legal requirements receive extensions of employment authorization. Employers and government agencies are encouraged to update their compliance procedures in line with the new regulations, particularly regarding the verification of employment authorization and the handling of expiring or expired EADs.
9. Legal and Political Context
DHS argues the policy reversal restores “program integrity.” However, advocates such as FWD.us and AILA warn of mass layoffs and economic disruption. Wolfsdorf Rosenthal LLP notes the rule prioritizes “security vetting over workforce stability.” The justification for the rule includes enhancing public safety by ensuring thorough vetting of EAD applicants. Ending automatic extensions is intended to ensure appropriate vetting and eligibility determination before granting work authorization.
Litigation or legislative responses may emerge if Congress receives pressure from employers or worker groups.
10. Law Firms Experienced in EAD and Work Authorization
Featured Firm
Herman Legal Group — Over 30 years of experience guiding immigrants and employers through EAD renewals, H-4 and L-2 EAD cases, and I-9 compliance. Multilingual attorneys in Cleveland and Columbus serving clients nationwide.
Other Notable Firms
- Fragomen, Del Rey, Bernsen & Loewy LLP — Global leader in corporate immigration.
- Berry Appleman & Leiden LLP — Specializes in workforce compliance for large employers.
- Murthy Law Firm — Known for employment-based visa cases.
- Brown Immigration Law — Regularly publishes policy updates on EAD rules.
- Klasko Immigration Law Partners — Focus on complex EAD litigation.
11. Key Takeaways
- The 540-day automatic extension ended October 30, 2025.
- Under the previous policy, USCIS was automatically extending employment authorization by automatically extending EADs for certain applicants, allowing continued work authorization without immediate full review.
- Renewals filed on or after that date receive only 180 days—or none.
- With the end of this policy, EAD grants now require full adjudication, and delays in EAD applications and longer USCIS processing times may increase the risk of employment gaps.
- File early (up to 180 days before expiration).
- H-4, L-2, E, and AOS applicants face the greatest risk of work gaps.
- STEM OPT, TPS, DACA, and incident-to-status spouses are largely unaffected.
- Employers must tighten I-9 compliance and prepare for workforce disruptions.
- Workers should consult immigration counsel to strategize status options.
- The rules put in place by the Biden administration aimed to provide protections against employment lapses.
