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U.S. Narrows EAD Renewals; TPS Holders Keep Automatic Extensions Into 2026

USCIS says more frequent expirations enable stronger, regular vetting.

Overview

  • An interim final rule effective October 30 ended the 540‑day automatic extension for most Employment Authorization Document renewals, halting work on expired cards even if a timely renewal is pending.
  • The rule caps certain EAD categories at a maximum 18‑month validity, affecting groups such as adjustment‑of‑status applicants, asylum seekers and related categories, and refugees.
  • USCIS guidance and attorney commentary clarify the change is not retroactive, so automatic extensions granted before October 30 remain valid through their authorized dates.
  • Some categories are treated separately, including F‑1 OPT with a 180‑day STEM extension and certain E and L spouses using annotated I‑94s, while TPS beneficiaries may continue working under automatic extensions published in Federal Register notices tied to the program’s extension into 2026.
  • DHS officials say they are reviewing which I‑765 categories should continue to receive work permits, advocates warn of higher costs and HR reverification burdens, and USCIS Director Joe Edlow defends the policy as a public‑safety and verification measure.