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.
