DHS Ends Automatic Extensions of Work Permits for Renewal Applicants

On October 30, 2025, The Department of Homeland Security (“DHS”) along with United States Citizenship and Immigration Services (“USCIS”) published an interim final rule ending the automatic extension of Employment Authorization Documents (“EADs”) for certain categories of applicants who file renewal requests on or after October 30, 2025. Under the previous regulation, USCIS automatically extended work authorization and EAD validity for up to 540 days for individuals in specific eligibility categories while their renewal applications were pending in an attempt to ease the effects of USCIS delays in processing. The new interim final rule does not affect any EADs that were automatically extended before October 30, 2025.

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DHS Permanently Increases Automatic Extension of Certain Employment Authorization Documents for Certain Applicants

On December 10, 2024, The Department of Homeland Security (“DHS”) announced a permanent increase in the automatic extension period for employment authorization documents (“EADs”) up to 540-days from the current 180-days period for certain applicants who timely and properly filed their Form I-765 applications for work authorization.

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180-Day Automatic Extensions of Employment Authorization Documents

United States Citizenship and Immigration Services (“USCIS”) announced on October 27, 2023, they would be reverting back to 180-day automatic extensions of employment authorization and EAD validity for those eligible applicants who timely file a Form I-765 renewal application on or after October 27, 2023.  This announcement follows a Temporary Final Rule (“TRF”) adopted by USCIS from May 4, 2022, through October 26, 2023, which increased the automatic extension period for employment authorization and Employment Authorization Documents (“EADs”) available to certain EAD renewal applicants up to 540-days. Please note that this change to automatic 180-day renewals does not affect beneficiaries who were granted automatic extensions of up to 540-days during the time the TRF was in effect. For beneficiaries of the 540-day extension, the increased automatic extension “will end when they receive a final decision on their renewal application or when the up to 540-day period expires (counted from the expiration date of the employment authorization and/or their EAD), whichever comes earlier.”

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USCIS Updates EAD Authorization to Five Years for Certain Noncitizens, Including Adjustment of Status Applicants

United States Citizenship and Immigration Services (“USCIS”) announced on September 27, 2023, it is increasing the maximum validity for initial and renewal of Employment Authorization Documents (“EADs”) to 5 years for certain noncitizens. Applicants for initial and renewal EADs, including applicants for adjustment of status, in both employment and family based categories, will receive an EAD with a maximum five-year validity, as opposed to two-years. This change is being implemented by USCIS immediately, “and applies to Applications for Employment Authorization, that are pending or are filed on or after September 27, 2023.”

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