Overview
- The interim final rule applies to Form I-765 renewals filed on or after October 30, 2025, eliminating the prior 540-day automatic extension.
- EADs that were automatically extended before October 30 remain valid under earlier rules and are not retroactively affected.
- Limited carveouts remain, including STEM OPT’s 180-day extension and certain TPS-based extensions, and workers authorized incident to status such as lawful permanent residents and H‑1B employees do not need EADs.
- Many categories that had relied on auto-extensions, including C09 (pending adjustment) and C26 (some H‑4 spouses), now face potential work-authorization gaps.
- USCIS urges filing renewals up to 180 days before expiration as employers bolster I‑9 tracking and re-verification during the 30-day public comment period.