DHS Publishes Interim Final Rule to Eliminate Auto-Extensions for Certain Timely Filed Extensions of Employment Authorization Documents
On October 30, 2025, the US Department of Homeland Security (DHS) published an Interim Final Rule (IFR) eliminating auto-extension for a number of Employment Authorization Documents (EAD). Because this new rule is being published as an IFR, it is effective immediately upon the date of publication. Comments are still permitted, and it is possible that a revised rule could be published in the future based on those comments, but that is unlikely. This new rule is not retroactive, so EAD extensions filed prior to October 30 are not impacted and are still eligible for the auto-extension period. The new rule only impacts certain EAD extensions filed on or after the October 30, 2025 effective date.
Background
Prior to this new rule, timely filed EAD extensions for EADs in a number of categories allowed the applicant to continue working for up to 540 days while the EAD extension was pending. The filing of an EAD extension prior to the expiration of the EAD provided an automatic extension of an existing EAD card.
The IFR Eliminates the Auto-Extension for Many EAD Categories
Under this new rule, the automatic extension of employment eligibility based on the timely filing of an EAD extension will no longer apply to the following EAD categories:
- Refugees and asylum applicants;
- Applicants with pending I-485 Adjustment of Status Applications for permanent residence;
- Individuals with Temporary Protected Status (TPS), with an exception: The rule does not impact automatic extensions provided for in separate Federal Register notices related to specific TPS designations;
- H-4 spouses of H-1B workers even if the H-4 spouse has a valid, underlying H-4 I-94; and
- Violence Against Women Act (VAWA) self-petitioners.
The rule will also apply to applicants for certain categories of humanitarian relief from removal / deportation, including cancellation of removal, suspension of deportation, withholding of removal, and certain family unity beneficiaries, as well as other discretionary categories that may be eligible for employment authorization.
The rule does not apply to the 180-day auto-extension of Optional Practical Training (OPT) EAD cards based on the timely filing of a STEM OPT EAD extension. The 180-day extension of the OPT EAD is still available.
Conclusion
The impact of this new rule will force foreign nationals who are employed under an EAD to file extensions as early as possible, which is typically 180 days prior to expiration. Since USCIS often takes more than 180 days to adjudicate an extension, foreign nationals and their employers may face interruptions in employment authorization between the EAD expiration and approval of the EAD extension.
Please contact a member of the Mintz Immigration Team for more information: https://www.mintz.com/industries-practices/immigration
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