Trump Administration Ends Automatic Extension for Timely-Filed EAD Renewal Applications
Today, the Department of Homeland Security announced an interim final rule ending the practice of automatically extending Employment Authorization Documents (EAD) for applicants of EAD renewals.
Currently, EAD renewal applications (I-765) filed before October 30, 2025, enjoy an automatic extension of work authorization for up to 540-days after their EAD expires, while the application is pending, provided the EAD renewal application is filed prior to the expiration of the existing EAD. The EAD categories that currently enjoy this 540-day automatic extension for timely filed renewals include H4 spouses, L2 spouses, Adjustment of Status (AOS) applicants, E1/E2/E3 spouses, TPS, asylees, etc.
The 540-day automatic extension protects EAD holders from work authorization disruptions caused by USCIS adjudication delays. Going forward, beginning with EAD renewal applications filed on or after October 31st, that protection will end. DHS justifies this change as a measure to strengthen national security. In reality, the fact the administration made this change with no effort to improve EAD processing times, which can be six months or more, punishes foreign nationals and their employers who are trying to maintain continuous employment and avoid being terminated for temporarily losing work authorization.
Going forward, it will be imperative for applicants seeking a timely renewal of their EAD to properly file renewal applications close to 180 days before their EAD expires (180-days prior to the EAD expiration date is the soonest USCIS will accept a EAD renewal application). The longer an applicant waits to file an EAD renewal application, the more likely they will experience a temporary lapse in their employment authorization or documentation.
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