Scott Legal, P.C. is issuing an important alert regarding a major change in U.S. immigration policy. The Department of Homeland Security (DHS) has published an Interim Final Rule, effective today, October 30, 2025, that ends the automatic extension of Employment Authorization Documents (EADs) for certain renewal applicants. Previously, applicants in categories like Adjustment of Status (I-485) and H-4 EAD holders could rely on a 540-day extension of their work authorization while their renewal was pending.
Under this new rule, EAD renewal applications filed on or after today will not receive any automatic extension at all. This means that once the current EAD expires, the holder must stop working until the new EAD card is approved and issued. Given the unpredictable and often lengthy EAD processing times—which can take many months—this change is expected to cause significant disruption and create potential gaps in work authorization for thousands of employees and their employers.
The rule does not affect F-1 students on STEM OPT, who retain their 180-day automatic extension. Also, spouses of L and E visa holders maintain their work authorization incident to status as long as their valid I-94 reflects their spousal designation (e.g., L-2S). However, for all other affected categories, immediate and strategic action is critical.
This rule was issued for immediate effect without public notice or comment and may face legal challenge. To mitigate the risk of a work authorization gap, file your EAD renewal application as early as possible—up to 180 days before expiration. Schedule a consultation with us today to discuss your EAD renewal strategy and minimize risk.
