October 29, 2025, USCIS announced that EAD filings on or after October 30, 2025, will no longer receive an automatic extension of their EAD while the renewal application is pending. The new rule is effective October 30, 2025, and applies to individuals who file to renew their EADs on or after that date. EAD renewals that were automatically extended before October 30, 2025, will not be affected.
There are limited exceptions to this rule, including extensions provided by law or through a Federal Register notice related to Temporary Protected Status (TPS) employment authorization.
The following categories of individuals who previously benefited from automatic EAD extensions will now be required to present a valid EAD card once their current EAD expires to continue working:
- Asylum applicants
- Adjustment of Status (AOS) applicants
- H-4 dependents
USCIS periodically updates its EAD processing times. Please check with YL for the most current posted timelines.
Key Considerations:
- Going forward, all foreign nationals should file their EAD renewal applications 180 days before their current EAD expires to ensure timely processing. Delayed filings increase the likelihood of experiencing a temporary lapse in employment authorization.
- H-4 visa holders may file their H-4 EAD applications concurrently with the H-1B petition under premium processing. USCIS often issues H-4 EAD approvals at the same time or within a few weeks of the H-1B approval. We will continue to bundle H-1B/H-4/EAD filings whenever possible so the H-4 EAD visa holder can benefit from the expedited processing time.
- Employers should carefully review documentation provided during the I-9 verification process to confirm whether the employee’s EAD renewal application was filed before October 30, 2025, and whether the employee qualifies for the automatic extension.
