According to a new interim final rule, issued by USCIS on October 30^th, 2025, most foreign nationals who previously qualified for the maximum 540-day automatic extension of work authorizations will no longer receive them.

Before the publication of this rule, certain EAD categories were eligible for automatic extensions, as long as requests for renewals were filed timely and properly. This issue has been addressed before: DHS published a temporary final rule in May 2022, increasing the EAD automatic extensions from what was then 180 to 540 days, for designated categories, as long as the EAD extension applications were filed before October 26, 2023. On April 2, 2024, USCIS published a temporary final rule, extending the automatic EAD extension period from 180 to 540 days, for two categories of EAD renewal applicants:

• Applicants who timely and properly filed their EAD extension requests on or after October 27, 2023 (if applications still pending by April 8, 2024);
• Applicants who timely and properly file their EAD extension requests from April 8, 2024 to September 30, 2025.
  

The main categories impacted by the new interim final rule include:

• Refugees
• Asylees
• Non-immigrant visa (N-8) for a parent of a special immigrant child or for a child of special immigrants (N-9)
• Applicants with Withholding of Deportation and Removal granted
• Applicants with asylum applications pending
• Applicants with pending adjustment of status due to suspension of deportation or cancellation of removal
• Spouses of certain H1-B principals with an expired I-94 showing an H-4 nonimmigrant status
• Certain VAWA self-petitioners.
  

The new rule does not apply to extensions granted under the prior rules, if extension applications were filed BEFORE October 30^th, 2025; or if otherwise required by law (for STEM Optional Practice Training/OPT) or notice in the Federal Register for people under a Temporary Protected Status (TPS). Also, the rule does not apply to certain TPS applicants for whom USCIS issued a prima facie determination (Please check the requirements for TPS-related extensions here).

This final interim rule will have far-reaching implications, not least of which include: gaps in work authorization leading to the inability to work for thousands of employed noncitizens, leading to largescale loss of employment and in the near-term labor shortages.

If you think you are affected by this rule:

• Verify if you are eligible for an automatic extension under prior rules;
• Apply for an extension as soon as you can, while you still have a valid EAD (USCIS’s press release reminds individuals that they may file up to 180 days in advance of the EAD expiration), to avoid extended gaps in employment. Form I-765 can be electronically filed for most categories.
• Contact an immigration lawyer for help.