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DHS Halts Automatic EAD Extensions for Renewal Filings From Oct. 30

The rule takes immediate effect to require full screening before extending authorization, increasing the risk of employment gaps for workers who rely on EADs.

Overview

  • An interim final rule ends the 540-day automatic extension for EAD renewals filed on or after October 30, 2025, while previously granted automatic extensions remain valid.
  • Affected groups include H-4 spouses, asylum seekers, refugees, and adjustment-of-status applicants, along with many students on OPT, with a separate 180-day automatic extension preserved for F-1 STEM OPT.
  • Limited exceptions continue where extensions are authorized by statute or Federal Register notice, including certain Temporary Protected Status designations.
  • USCIS advises filing renewals up to 180 days before expiration to reduce gaps, and employees must stop working if an EAD expires before a new card is approved.
  • Legal and HR advisers urge employers to update I-9 reverification and track expirations closely, warning that processing backlogs could cause job interruptions, with Indian nationals widely cited as especially exposed.