The Department of Homeland Security (DHS) has announced a sweeping rule change that will significantly affect immigrants who rely on Employment Authorization Documents (EADs) to work legally in the United States. Beginning October 30, 2025, DHS will end the automatic extension of work authorization for most individuals who file to renew their EADs. This decision marks a sharp departure from a policy that, for years, provided a critical safeguard for immigrants facing lengthy processing delays at U.S. Citizenship and Immigration Services (USCIS).
Under current regulations, many EAD holders who file renewal applications on time automatically receive up to a 540-day extension of their work authorization, allowing them to continue working while their renewals are pending. Starting in late 2025, that automatic extension will no longer apply to renewal applications submitted on or after the effective date, forcing applicants to wait for full approval before resuming employment.
How We Got Here: From Temporary Fix to Policy Reversal
The upcoming change follows a series of adjustments made by DHS over the past several years to manage USCIS backlogs. In 2022, the agency temporarily increased the automatic extension period from 180 days to 540 days to alleviate employment disruptions caused by long processing times. Then, in December 2024, DHS finalized a rule making that 540-day extension permanent for certain renewal categories.
However, in an interim final rule (IFR) published in October 2025, DHS reversed course, stating that it must “prioritize proper vetting and screening” before granting work authorization. The agency argues that the change strengthens program integrity and national security, though critics contend it will destabilize lawful employment and increase hardship for families who depend on continued work authorization.
Who Will Be Affected by the New Rule
The new policy will affect a broad range of immigrants who depend on EADs for work. Impacted groups include:
- Spouses of H-1B visa holders (H-4 EADs)
- Applicants for adjustment of status (Form I-485)
- Asylum seekers and applicants for asylum-based EADs
- Temporary Protected Status (TPS) beneficiaries
- VAWA self-petitioners and other humanitarian categories
Individuals who file EAD renewals before October 30, 2025, will still receive the automatic extension benefit under the previous rule. But anyone who files on or after that date will no longer be covered, potentially leading to employment gaps while waiting for USCIS to issue new cards. Certain categories that are “employment authorized incident to status,” such as F-1 students on STEM OPT, will not be directly affected, as they fall under separate regulations.
When to File: Timing Is Now Critical
Given the elimination of automatic extensions, EAD holders should file renewal applications as early as possible, ideally up to 180 days before their current card expires. Filing before the October 30, 2025, cutoff ensures continued eligibility for the 540-day automatic extension. After that date, workers may face lapses in employment authorization if their new EAD is not approved in time.
Legal Challenges on the Horizon
Although no lawsuits have been filed yet, litigation over the new rule is widely expected. Immigration advocates and affected workers may challenge the policy under the Administrative Procedure Act (APA), claiming DHS acted arbitrarily or failed to follow proper rulemaking procedures. Others may argue that the rule undermines due process by eliminating a protection that many lawful workers have relied upon for years.
DHS issued the rule as an interim final rule, which allows it to take effect before the completion of a full public comment period, potentially opening the door for procedural challenges. Given the scale of the impact, it is anticipated that the policy will face scrutiny in federal court.
The above article is intended for informational purposes only. Anyone with a specific issue relating to their EAD should consult an experienced immigration attorney.
