A Department of Homeland Security interim final rule issued October 30, 2025 removes the automatic extension of Employment Authorization Documents (EADs) for certain individuals awaiting renewal.

Under the Biden administration, the automatic extension period was increased to 540 days to account for extremely long United States Citizenship and Immigration Service (USCIS) processing times, which often exceeded a year.

Although these delays remain—many cases still take more than 12 months—this new interim final rule, which is one of three regulatory actions aimed at limiting EAD availability, eliminates the extension entirely.

Any renewal application filed on or after October 30, 2025, will receive zero days of automatic extension instead of the previous 540-day buffer. Vetting and security concerns, according to the current administration, are the basis for the change.

Employees in affected EAD categories, listed below, will no longer have work authorization while their renewals are pending. Because the rule does not apply retroactively, the immediate effect is limited–however, disruptions will accumulate over time as more renewals are necessarily filed.

For employers, the impact will be negative. Those with work-authorized foreign-born staff should anticipate disruptions and plan accordingly to mitigate gaps in workforce availability.

In addition to this rule, two other proposed rules aimed at limiting EAD availability are currently under review at the Office of Information and Regulatory Affairs (OIRA). Also, although not yet filed, a court challenge under the Administrative Procedure Act is expected.

Affected EAD Categories

• A03, Refugee;
• A05, Asylee;
• A07, N-8 or N-9;
• A08, Citizen of Micronesia, Marshall Islands, or Palau;
• A10, Withholding of Deportation or Removal Granted;
• A12, TPS Granted;
• A17, Spouse of Principal E Nonimmigrant with an Unexpired I-94 Showing E Nonimmigrant Status;
• A18, Spouse of Principal L-1 Nonimmigrant with an Unexpired I-94 Showing L-2 Nonimmigrant Status;
• C08, Asylum Application Pending;
• C09, Pending Adjustment of Status under Section 245 of the Act;
• C10, Suspension of Deportation Applicants (Filed before April 1, 1997), Cancellation of Removal Applications, Special Rule Cancellation of Removal Applicants Under NACARA;
• C16, Creation of Record;
• C19, Prima Facie TPS Eligible;
• C20, Pending I-700;
• C22, Pending I-687;
• C24, LIFE Legalization;
• C26, Spouses of Certain H-1B Principal Nonimmigrants with an Unexpired I-94 Showing H-4 Nonimmigrant Status; and
• C31, VAWA Self-Petitioners