USCIS Ends Automatic EAD Work Permission Extensions

On October 30, 2025, DHS published an interim final rule eliminating the 540-day automatic extension for employment authorization document (EAD) renewals filed in a timely manner.

With EAD processing times often exceeding six [6] months, the rescission of the automatic extension period is expected to result in increased disruptions in employment. The change affects numerous categories of work authorization, below is a chart that identifies impacted categories.

The following is a chart of categories of work authorization that will no longer have access to the 540-day automatic extension.

Category / Description

A03 Individual granted refugee status.

A05 Individual granted asylum status.

A07 A parent or child of a special immigrant. Special immigrants include religious workers, special immigrant juveniles (SIJ), and employees of the U.S. government or international organizations (such as NATO).

A08 Citizen of Micronesia, Marshall Islands, or Palau. A10 Individuals granted withholding of removal (WOR). WOR is a level of protection that requires a higher standard of proof than asylum but does not include the benefits of asylum. It is usually given to individuals who are ineligible to apply for asylum, such as those who apply after one year of being in the United States.

A12 Individuals who have been granted Temporary Protected Status (TPS).

A17 Spouse of a principal E nonimmigrant. E visas are granted to individuals who come to the U.S. under a treaty of commerce between the U.S. and their home country, as well as specialty occupation workers from Australia.

A18 Spouse of a principal L-1 nonimmigrant. L-1 visas are given to executives, managers, or employees with specialized levels of knowledge to work in the U.S. office of an international company.

C08 Individual with a pending asylum application

C09 Adjustment of status applicants under Section 245 of the Immigration and Nationality Act.

C10 Cancellation of Removal Applicants, among others. Cancellation of removal is a form of immigration relief that allows individuals in removal proceedings to adjust to LPR status. To be eligible, they must have a qualifying relationship with a U.S. citizen or legal permanent resident who would suffer extreme hardship if they were removed (e.g., a parent with a severely disabled U.S. citizen child may be eligible). They must also meet certain prerequisites such as having spent at least 10 years in the United States, good moral character, and no criminal record.

C16 Individuals who are eligible for green cards through the “registry.” The registry allows some undocumented long-term residents of the United States to pursue a green card provided they entered before January 1, 1972.

C19 Individuals who have been preliminarily (prima facie) approved for TPS.

C20 Individuals who are eligible for special agricultural worker (SAW) status under the Immigration Reform and Control Act (IRCA) of 1986.

C22 Individuals who are eligible for legal status under IRCA of 1986.

C24 Individuals who are eligible for legalization under the Legal Immigration Family Equity Act. Eligible individuals are primarily family members of U.S. citizens and green card holders.

C26 Spouses of certain H-1B nonimmigrants on H-4 nonimmigrant status.

C31 Individuals who petition for legal status as specified in the Violence Against Women Act. These individuals are domestic violence survivors—the spouse, child, or parent of a U.S. citizen or green card holder who abused them.

The President of the United States is now charging an extra $1,000 per use for the use of Parole into the United States to be paid directly to U.S. Customs and Border Protection. With that said there are some exceptions, including an exception for those with an application for Adjustment of Status under INA 245. So Family and Employment based Adjustment Applicants will not have to pay this new fee. 

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The Secretary of Homeland Security is currently focused on instilling as much fear and confusion into the immigrant community as possible​. This notice has been written in such a way as to maximize confusion and instill fear​, and is being intentionally sent to those that it does not even apply to in order to further achieve this goal. 

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For those that do need to pay this new $1,000 fee, the fee will be charged at the Port of Entry into the United States directly to U.S. Customs and Border Protection.

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Additional I-131 Fee if Approved: Pub. L. 119-21 Immigration Parole Fee

If authorized for parole by USCIS, you must pay this additional fee to U.S. Customs and Border Protection (CBP) at the port of entry (POE) to be granted parole, unless CBP determines that you qualify for one of the exceptions provided in Pub. L. 119-21. This fee is applicable each time you seek parole at the POE.

You cannot request a fee waiver for any fees required by Pub. L. 119-21.

CBP may determine an alien qualifies for an exception to the HR-1 parole fee if the alien is being paroled because:

• (1) (A) the alien has a medical emergency; and (B)(i) the alien cannot obtain necessary treatment in the foreign state in which the alien is residing; or (ii) the medical emergency is life-threatening and there is insufficient time for the alien to be admitted to the United States through the normal visa process;
• (2) (A) the alien is the parent or legal guardian of an alien described in paragraph (1) above; and (B) the alien described in paragraph (1) is a minor;
• (3) (A) the alien is needed in the United States to donate an organ or other tissue for transplant; and (B) there is insufficient time for the alien to be admitted to the United States through the normal visa process;
• (4) (A) the alien has a close family member in the United States whose death is imminent; and (B) the alien could not arrive in the United States in time to see such family member alive if the alien were to be admitted to the United States through the normal visa process;
• (5) (A) the alien is seeking to attend the funeral of a close family member; and (B) the alien could not arrive in the United States in time to attend such funeral if the alien were to be admitted to the United States through the normal visa process;
• (6) the alien is an adopted child (A) who has an urgent medical condition; (B) who is in the legal custody of the petitioner for a final adoption-related visa; and (C) whose medical treatment is required before the expected award of a final adoption-related visa;
• (7) the alien (A) is a lawful applicant for adjustment of status under INA 245; and (B) is returning to the United States after temporary travel abroad;
• (8) the alien (A) has been returned to a contiguous country pursuant to INA 235(b)(2)(C); and (B) is being paroled into the United States to allow the alien to attend the alien’s immigration hearing;
• (9) the alien has been granted the status of Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980 (Pub. L. 96-422; 8 U.S.C. 1522 note); or
• (10) DHS determines that a significant public benefit has resulted or will result from the parole of an alien (A) who has assisted or will assist the U.S. Government in a law enforcement matter; (B) whose presence is required by the U.S. Government in furtherance of such law enforcement matter; and (C)(i) who is inadmissible or does not satisfy the eligibility requirements for admission as a nonimmigrant; or (ii) for which there is insufficient time for the alien to be admitted to the United States through the normal visa process.