“Working in the United States is a privilege, not a right,” said USCIS Director Joseph Edlow, underscoring the government’s renewed effort to tighten control over work authorization.
In a major policy shift announced on October 30, 2025, the Department of Homeland Security (DHS) issued an interim final rule ending the long-standing practice of automatically extending Employment Authorization Documents (EADs) for certain noncitizens awaiting renewal decisions.
This change represents more than a procedural update—it signals a renewed emphasis on security, integrity, and accountability in the employment authorization process. By requiring fresh vetting and background checks for each renewal, DHS aims to ensure that work authorization in the U.S. remains grounded in both eligibility and national interest.
Key Highlights of the New Rule
Under the new DHS rule, individuals filing to renew their EADs on or after October 30, 2025, will no longer receive automatic extensions of work authorization while their applications are pending.
Only a few narrowly defined exceptions—such as those required by statute or through Federal Register notices—will continue to allow limited automatic extensions.
- Purpose: To allow more frequent vetting of individuals seeking work authorization and prevent potential misuse of the system.
- Recommendation: USCIS urges renewal applicants to file up to 180 days in advance of EAD expiration to avoid work authorization gaps.
- Note: EADs that were automatically extended before October 30, 2025, will remain valid through their existing extension periods.
Exceptions: TPS and Certain Other Groups
While the broad automatic extension policy is ending, DHS has carved out specific exceptions for Temporary Protected Status (TPS) beneficiaries.
If a TPS-based EAD renewal is filed on or after July 22, 2025, the applicant may qualify for an automatic extension of up to one year, or until the end of the TPS designation period—whichever comes first.
Additionally, USCIS may continue to grant automatic extensions for TPS-based EADs through Federal Register notices or individual notices sent directly to beneficiaries.
These exceptions apply only to TPS-based EADs and do not extend to other categories.
Who Will Be Most Affected?
The rule will affect a wide range of noncitizens who rely on employment authorization to work legally in the U.S., including those under:
- H-4 dependent spouse categories
- L-2 spouses who hold EADs (those with work authorization incident to status, shown as “L-2S” on their I-94, are not impacted)
- Certain humanitarian categories, such as asylum applicants or individuals with pending adjustment of status applications
- Temporary Protected Status (TPS) beneficiaries (with limited exceptions)
For these groups—especially H-4 and L-2 EAD holders—the end of automatic extensions makes early and careful renewal planning essential.
Previously, applicants were granted a 540-day automatic extension to continue working while their renewals were under review. Beginning October 30, 2025, this benefit will end, and processing delays may result in temporary work interruptions.
H-4 EAD Holders
Spouses of H-1B visa holders (H-4 category) were among the primary beneficiaries of the 2022 temporary rule granting up to 540 days of extended work authorization during renewal processing. Under the new rule, however, automatic extensions will cease entirely—each renewal must now be approved before employment can continue.
As a result, timely filing—up to 180 days in advance—is critical to avoid work disruptions.
F-1 Students on OPT or STEM OPT
For F-1 students in the STEM OPT extension period, the automatic 180-day extension during a pending renewal remains unchanged. However, DHS clarified that F-1 students are not eligible for the longer 540-day automatic extension that previously applied to certain categories.
While the new rule does not alter the core structure of F-1 work authorization, it emphasizes strict adherence to filing timelines.
Implications for Employers and HR Teams
Employers and HR professionals should prepare for more frequent work authorization lapses and longer processing times as automatic extensions phase out.
The new policy increases the need for:
- Proactive tracking of EAD expiration dates
- Early renewal reminders for affected employees
- Timely completion of Form I-9 reverifications once renewed EADs are issued
Organizations employing H-4, L-2, or humanitarian-based workers should update internal compliance systems to reflect these new realities and avoid inadvertent unauthorized employment.
What Applicants Should Do Now
With automatic extensions ending, DHS recommends that applicants file EAD renewal applications up to 180 days before expiration.
This proactive approach minimizes employment gaps and provides sufficient time for adjudication under the stricter review process.
Applicants should also:
- Monitor USCIS announcements and Federal Register notices for temporary or country-specific exceptions
- Retain filing receipts and prior EADs as proof of continuity where permitted
- Consult with employers or immigration counsel well before renewal deadlines
Conclusion
The DHS’s new rule clearly signals a shift toward stronger oversight and accountability in employment authorization. By ending automatic EAD extensions, the government aims to ensure that work authorization decisions remain tied to real-time vetting and updated background checks, reinforcing both national security and program integrity.
While the change adds extra steps for employers and foreign workers, it reinforces a simple message: maintaining the privilege of U.S. work authorization now requires careful timing, proactive filing, and shared responsibility for compliance.
