USCIS Cancelling Certain EAD Automatic Extensions Effective Immediately
Effective immediately, USCIS has announced in an interim final rule (IFR) that it will no longer automatically extend work authorization for up to 540 days to applicants who hold certain nonimmigrant statuses (see chart below). Individuals who have an EAD receipt notice dated before October 30, 2025 may continue to work based on their timely filed EAD extension application and these individuals are not affected by the new IFR.
Below is a table of common EAD categories indicating the effect of the new IFR:
| EAD Applicant Type | EAD Applicant Type EAD Application Category | Impacted by IRF (Applicants Holding a Receipt Notice Dated On/After October 30, 2025) |
|---|---|---|
| H-4 status | (c)(26) | Yes |
| Pending AOS | (c)(9) | Yes |
| Pending Temporary Protected Status (TPS) | (c)(19) | No |
| Holds TPS | (a)(12) | No |
| F-1 STEM OPT Student status | (c)(3)(c) | No |
| Pending Asylum status | (c)(8) | Yes |
| Pending Refugee status | (c)(8) | Yes |
| Holds Asylum status | (a)(5) | Yes |
| Holds Refugee status | (a)(3) | Yes |
IMPACT OF NEW RULE ON EMPLOYERS/EMPLOYEES:
Going forward, applicants whose sole basis for work authorization is a valid EAD, and are affected by the new IFR in the chart above, will no longer be able to continue working based on a receipt notice dated on or after October 30, 2025. A fully adjudicated EAD application must be granted for applicants in the affected categories in order for an employer to reverify Form I-9 and continue to employ the individual.
USCIS will update its guidance regarding I-9 reverification in I-9 Central and the I-9 Handbook for Employers.
It is critical that an EAD holder apply for the EAD extension at the earliest time possible, which is 180 days prior to the expiration date of the current EAD.
NOTE ON EAD EXTENSION PROCESSING TIME: It is currently taking USCIS anywhere between 4 – 9 months to adjudicate EAD extension applications. Based on this processing time, it is very possible that a gap in work authorization will occur, and employers and employees should plan and prepare accordingly.
Vong Law Group will continue to monitor and evaluate this new policy as further guidance and clarification are provided. Please reach out to Vong Law Group if you have questions about your EAD work authorization.
