The Department of Homeland Security (DHS) has issued an Interim Final Rule (IFR) that significantly changes how automatic extensions of Employment Authorization Documents (EADs) will apply in the future.

Effective Date and Non-Retroactivity:

• The IFR took effect on October 30, 2025.
  • Renewal EAD applications filed on or after October 30, 2025, will not receive an automatic extension of employment authorization.

• It is NOT retroactive.
  • Renewal EAD applications filed before October 30, 2025, will continue to qualify for the 540-day automatic extension period.

Scope of the Rule:

Under the new rule, DHS clarifies that the 540-day automatic extension applies only to renewal EAD applications filed before October 30, 2025.

Starting October 30, 2025, filing a renewal EAD application will no longer automatically extend work authorization, unless a specific law, regulation, or Federal Register notice (such as for Temporary Protected Status) provides otherwise.

Categories Affected:

• Refugees and Asylum-Related Applicants
• Adjustment of Status Applicants (Form I-485)
• Temporary Protected Status (TPS) Holders – except where automatic extensions are separately provided through a Federal Register notice related to a specific TPS designation
• Certain Dependent Spouses whose status requires separate employment authorization, including H-4 spouses of H-1B workers
• VAWA Self-Petitioners
• Other Discretionary EAD Categories, such as applicants for cancellation of removal, suspension of deportation, withholding of removal, and certain family unity beneficiaries

Categories NOT Affected:

• F-1 Students applying for a STEM OPT extension, who will continue to receive a 180-day automatic extension under a separate regulation.
• L-2 and E Spouses, who are authorized to work incident to status and do not require an EAD.

Important Guidance for Employers:

Effective October 30, 2025, employers may no longer rely on EAD renewal receipt notices as evidence of extended work authorization for Form I-9 purposes. Only EADs covered under existing automatic extension provisions (such as those for TPS beneficiaries under a Federal Register notice, or extensions filed prior to October 30, 2025) will remain valid.

Meng Law Group PC is providing this notice for general informational purposes only. This message is not individualized legal advice.