On November 7, U.S. Citizenship and Immigration Services (USCIS) published an interim final rule ending the COVID-era policy that automatically extended expired Employment Authorisation Documents (EADs) for up to 540 days when renewal applications were filed on time. For renewal filings submitted on or after October 30, 2025, there will be no automatic cushion: work permission will lapse if the new card is not approved before the old one expires.
USCIS says the rollback closes a “security gap” that allowed individuals to keep working despite possible derogatory information uncovered after the extension issued. The agency projects that removing the blanket extension will lower overall filings, freeing resources to cut processing times to the mandated 90 days. Stakeholders have until December 1 to comment before the rule is finalised.
![USCIS Ends 540-Day Automatic Work-Authorisation Extensions for EAD Renewals]()
The change has immediate operational consequences for U.S. employers. HR teams must track EAD expiry dates far more aggressively and re-verify employees’ I-9 documentation on time. Industries that rely heavily on renewable EAD categories—healthcare, hospitality, logistics—face the prospect of sudden labour shortages if adjudications stall. Immigration counsel recommend budgeting for premium-processing upgrades where available and exploring alternative statuses, such as H-1B portability or STEM OPT extensions, to preserve work continuity.
Workers who filed renewals before October 30 keep their existing 540-day extensions. Certain categories—TPS holders, asylees, refugees—may still receive automatic extensions under separate regulations, but those carve-outs are narrow. Companies should audit their active EAD workforce, flag renewal cohorts, and brief managers on contingency staffing plans.
Because the rule is interim, USCIS could tweak timelines or add limited extensions for especially backlogged categories. However, officials insist the era of near-two-year grace periods is over, arguing that the agency’s new online filing tools and AI-driven adjudication triage negate the need for such long cushions.
USCIS says the rollback closes a “security gap” that allowed individuals to keep working despite possible derogatory information uncovered after the extension issued. The agency projects that removing the blanket extension will lower overall filings, freeing resources to cut processing times to the mandated 90 days. Stakeholders have until December 1 to comment before the rule is finalised.
The change has immediate operational consequences for U.S. employers. HR teams must track EAD expiry dates far more aggressively and re-verify employees’ I-9 documentation on time. Industries that rely heavily on renewable EAD categories—healthcare, hospitality, logistics—face the prospect of sudden labour shortages if adjudications stall. Immigration counsel recommend budgeting for premium-processing upgrades where available and exploring alternative statuses, such as H-1B portability or STEM OPT extensions, to preserve work continuity.
Workers who filed renewals before October 30 keep their existing 540-day extensions. Certain categories—TPS holders, asylees, refugees—may still receive automatic extensions under separate regulations, but those carve-outs are narrow. Companies should audit their active EAD workforce, flag renewal cohorts, and brief managers on contingency staffing plans.
Because the rule is interim, USCIS could tweak timelines or add limited extensions for especially backlogged categories. However, officials insist the era of near-two-year grace periods is over, arguing that the agency’s new online filing tools and AI-driven adjudication triage negate the need for such long cushions.
