On October 30, 2025, the Department of Homeland Security (DHS) published the Removal of the Automatic Extension of Employment Authorization Documents Interim Final Rule (IFR). This rule officially terminates the policy that previously allowed for an automatic extension of up to 540 days for Employment Authorization Documents (EADs).
This policy had allowed employees to continue working legally while their timely filed renewal applications were pending, providing a critical economic buffer for employers when USCIS adjudication times exceeded six months.
The Impact of the Change
Unfortunately, processing times for certain EAD categories are currently approaching or exceeding the six-month mark. Given the government’s current trend toward workforce reduction and heightened enforcement, these processing times are expected to increase.
Without the safety net of the automatic extension, employers may be forced to terminate trained and qualified employees solely due to bureaucratic delays in the adjudication process.
Who is Affected?
EAD categories are distinguished by eligibility requirements, and not all categories previously benefited from the 540-day extension. DHS has stated that due to data limitations, it cannot estimate the total number of individuals who will be affected by this policy shift.
However, data shows a significant backlog:
- Over 900,000 EAD renewal applications have been pending for more than six months.
- As of June 30, 2025, approximately 20% of all renewal requests have been waiting longer than 180 days.
List of Impacted Categories
The following EAD categories are no longer eligible for the 540-day automatic extension:
- A03: Refugees
- A05: Asylees (Granted Asylum)
- A07: N-8 or N-9 Special Immigrants (Parents/Children of Special Immigrants), including religious workers, Special Immigrant Juveniles (SIJ), and certain employees of the U.S. government or international organizations (e.g., NATO).
- A08: Citizens of Micronesia, the Marshall Islands, or Palau
- A10: Individuals Granted Withholding of Removal
- A12: Temporary Protected Status (TPS) Beneficiaries
- A17: Spouses of E Nonimmigrants (Treaty Traders/Investors)
- A18: Spouses of L-1 Nonimmigrants (Intra-company Transferees)
- C08: Asylum Applicants (Pending Asylum Cases)
- C09: Adjustment of Status Applicants (Pending I-485)
- C10: Applicants for Suspension of Deportation or Cancellation of Removal
- C16: Registry Applicants (Section 249)
- C19: Individuals with Prima Facie TPS Eligibility
- C20: Special Agricultural Workers (SAW) under the 1986 Act
- C22: Legalization Applicants under the 1986 IRCA
- C24: LIFE Act Legalization Applicants
- C26: H-4 Spouses of certain H-1B Nonimmigrants
- C31: VAWA Self-Petitioners (Abused spouses, children, or parents of U.S. citizens or LPRs)
Source: USCIS
