Ended! No more auto EAD extensions

On October 30, 2025, the

(USCIS) published an Interim Final Rule (IFR) to terminate the previous practice of automatically extending the validity of certain Forms I-766, Employment Authorization Documents (EADs or work permits) when and if an applicant timely filed a renewal Form I-765, Application for Employment Authorization. As of October 30, 2025, EAD renewal applicants will cease to receive up to a 540-day automatic extension for their EAD.

An EAD will still be valid beyond its facial end date when the EAD holder has a Form I-797C, Notice of Action, receipt notice indicating that the alien timely filed a renewal EAD application before October 30, 2025, when an alien presents an EAD that has been automatically extended by Federal Register Notices (FRN) for Temporary Protected Status (TPS) category A12 or C19 EADs, or if the alien is covered under other EAD extensions provided by law (e.g., OPT extensions for STEM students).

This new rule creates waste in light of USCIS' slow processing times of renewal applications. EAD holders who will be renewing should expect to have problems obtaining a new EAD and should file in advance of the expiration of their current EAD. An applicant can file for a renewal up to 180 days before their current EAD expires.

You can make a public comment on the IFR before December 1, 2025.