The U.S. Department of Homeland Security (DHS) has issued an interim final rule eliminating automatic extensions for certain Employment Authorization Documents (EADs), effective for renewal applications filed on or after October 30, 2025. This change affects non-citizens who rely on Form I-765 to obtain work authorization while their renewals are processed by U.S. Citizenship and Immigration Services (USCIS). Below is a factual overview of the policy, its scope, processing realities, and data on affected populations, drawn from official USCIS and DHS sources.

Background on EAD Automatic Extensions

Prior to this rule, eligible non-citizens filing timely EAD renewal applications (up to 180 days before expiration) received an automatic extension of their employment authorization and EAD validity for up to 540 days, or until USCIS adjudicated the renewal, whichever came first. This provision, expanded in 2022 and made permanent in 2024, was designed to prevent lapses in work authorization amid USCIS processing backlogs.

The new rule removes these automatic extensions for renewals filed on or after October 30, 2025, requiring applicants to await full approval before resuming or continuing employment. DHS states this prioritizes "proper screening and vetting" to enhance national security and deter fraud. Automatic extensions granted before this date remain in effect until their expiration or adjudication.

For full details, see the USCIS News Release: DHS Ends Automatic Extension of Employment Authorization and the updated Automatic EAD Extension Guidance.

Affected Categories

The rule applies to specific EAD categories under 8 CFR § 274a.13. Key examples include:

(c)(9): Adjustment of Status (AOS) applicants – individuals with pending green card applications based on employment or family petitions. (c)(26): Spouses of H-1B visa holders (H-4 EAD) – dependents of skilled workers in specialty occupations. (c)(8): Asylum applicants – those with pending asylum claims. (a)(10), (a)(12): Refugees and asylees – individuals granted refugee or asylee status.

Various TPS codes: Temporary Protected Status (TPS) beneficiaries – limited exceptions apply per statutory requirements.

Exceptions include TPS-related extensions mandated by law or Federal Register notices. Non-immigrant visa holders (e.g., H-1B principals, L-1) are unaffected, as they do not require EADs for work authorization.

Current Processing Times and Potential Gaps

As of October 2025, USCIS processing times for Form I-765 renewals average 3 to 6 months, though they range from 2 to 9 months depending on category, service center, and filing method (online vs. mail).

Faster categories (2–4 months):

• H-4/L-2 spousal EADs
• STEM OPT extensions

Slower categories (4–9 months):

• Asylum-based (c)(8)
• Adjustment of Status (c)(9)

Without automatic extensions, applicants risk employment gaps if their renewal is not approved before the current EAD expires. USCIS processes over 1.3 million EAD applications annually, with renewals comprising the majority. Premium processing ($1,500–$2,500 fee) is available for select categories to expedite to 30 days.

Track times via the USCIS Processing Times Tool.

Demographic Data: Who Relies on EAD Renewals?

In Fiscal Year 2024 (ending September 30, 2024), USCIS approved 1.3 million EADs, with renewals forming the bulk. Key statistics highlight reliance by nationality and category:

H-1B Visas (Foundation for Many EADs)

• Total approved petitions: 399,395
• Indian nationals: 71% (283,397)
• Chinese nationals: 11.7% (46,680)
• All others: Less than 2% each (e.g., Filipinos, Canadians, South Koreans)

Source: USCIS H-1B Characteristics Report FY 2024

H-4 EAD Approvals

• Total issued since 2015: Over 200,000
• Indian nationals: 91.8%–93%
• Women: 93% (many holding advanced degrees)
• Chinese nationals: ~5%

Green Card Backlogs Driving Renewals Employment-based green cards are capped at ~140,000 annually, with a 7% per-country limit (~25,620 visas). High-demand countries face extended waits:

• India: Over 1.2 million pending applications (90%+ of EB-2/EB-3 backlog), resulting in 10–150+ year waits
• China: 5–10 years for EB-2/EB-3
• Other countries: Typically, under 2 years

These backlogs necessitate repeated EAD renewals for AOS applicants (c)(9). As of October 2025, EB categories show no forward movement in the Visa Bulletin.

Source: State Department Visa Bulletin – October 2025

Recommendations for Compliance

To avoid gaps:

• File Form I-765 up to 180 days before expiration using the USCIS I-765 Instructions.
• Monitor status with the USCIS Case Status Online Tool at egov.uscis.gov/casestatus/.
• Verify eligibility for premium processing via the USCIS Premium Processing Page.
• Employers: Re-verify EADs via Form I-9 upon expiration; receipt notices no longer extend validity after October 30, 2025.

Public comments on the rule are due by November 29, 2025, via Regulations.gov (Docket USCIS-2025-0271). This summary is based on official announcements and data as of October 30, 2025. Immigration policies evolve; check USCIS.gov for updates.

With over 20 years of experience in U.S. immigration law, the Law Offices of Thomas V. Allen assists clients with EAD applications, H-1B/H-4 strategies, green card processing, and compliance amid policy changes. For personalized guidance, schedule a consultation at www.thomasvallenlaw.com

This post provides general information only and is not legal advice. Consult an attorney for your specific situation.