DHS Ends 540-Day Automatic EAD Extension

in Immigration Actions Trump 2.0
October 30th, 2025

US Department of Homeland Security (USDHS) announced an interim final rule that ends the 540-day automatic extension of Employment Authorization Documents (EADs) for specific employment authorization categories (for example: applicants for US permanent residence, asylum etc.). Before this interim final rule, noncitizens with EADs in certain categories received an automatic extension of their employment authorization document upon timely filing an application to extend their work authorization for extension applications filed on or after October 30, 2025, for the following categories:

  • (a)(10) noncitizens granted withholding of deportation or removal
  • (a)(12) noncitizens granted TPS
  • (c)(8) asylum applicants
  • (c)(9) Adjustment of Status applicants
  • (c)(26) H-4 spouses of certain H-1B nonimmigrant workers
  • (c)(31) principal beneficiaries and derivative children of approved VAWA self-petitions

This interim final rule does NOT affect automatic extensions provided by statutes and regulations outside of 8 C.F.R. 274a.13, such as the 180-day extension provided to F-1 students who timely file for a STEM OPT EAD Extension, the 240-day extension allowed for H-1 temporary workers with a timely filed extension or when DHS extends TPS based work authorization pursuant to a Notice published in the Federal Register.