Certain immigrants who file renewal applications after October 30, 2025, no longer qualify for the 540-day automatic extension
JACKSON HEIGHTS, N.Y. — Foreign nationals who rely on employment authorization documents (EADs) to work legally in the United States could face interruptions in their employment if they fail to renew their documents in time, an immigration attorney warns.
Daniel S. Drucker of Drucker Law Firm is urging eligible foreign workers to submit their EAD renewal applications as early as permitted to reduce the risk of a lapse in work authorization under a federal rule that eliminated the automatic extension of employment authorization for many renewal applicants.
The rule, announced by U.S. Citizenship and Immigration Services (USCIS) in October 2025, eliminated the automatic extension for certain EAD renewal applications filed on or after October 30, 2025. Previously, eligible applicants could receive an automatic extension of up to 540 days while their renewal applications were pending.
Renewal applications filed before the cutoff date remain subject to the previous extension provisions, provided applicants meet the applicable requirements. Those who file on or after the deadline generally cannot rely on the former 540-day extension and may be unable to continue working if their existing authorization expires before USCIS approves their renewal.
The change could affect several categories of foreign nationals, including certain applicants seeking adjustment of immigration status, refugees, asylum seekers, individuals with pending asylum or withholding-of-removal claims, certain self-petitioners under the Violence Against Women Act and their eligible children, spouses of H-4 visa holders, and individuals with Temporary Protected Status (TPS). Specific eligibility and exceptions depend on the applicant’s category and circumstances.
“This change can have serious consequences for foreign nationals who depend on their employment authorization to earn a living,” Drucker said. “If your renewal is not covered by an automatic extension, a delay in processing could mean a gap in your ability to work legally. I urge eligible applicants to review their renewal deadlines and file as early as the rules allow.”
Some groups remain subject to different provisions. Certain spouses of L-1 and E-1/E-2 nonimmigrant visa holders are authorized to work incident to their immigration status and generally do not need an EAD to establish that authorization. F-1 students who qualify for a STEM optional practical training (OPT) extension may continue to receive an automatic extension of up to 180 days while their applications are pending. Certain TPS beneficiaries may also qualify for separate, government-announced extensions of their employment authorization documents.
The automatic-extension policy has changed several times over the past decade. USCIS initially established a 180-day extension in 2016. In 2022, the agency expanded the extension to as many as 540 days to address processing delays. The agency subsequently made the longer extension permanent in December 2024, before reversing course in October 2025.
Drucker advises foreign nationals to check their EAD expiration dates, confirm whether their immigration category qualifies for an extension, and consult an experienced immigration attorney if they are unsure how the rule applies to their circumstances. Applicants should not assume that filing a renewal application automatically gives them permission to continue working after their current authorization expires.
For workers whose employment depends on maintaining valid authorization, understanding the rules before the expiration date could make the difference between uninterrupted employment and a potentially costly disruption.
