The Department of Homeland Security (DHS) has issued an Interim Final Rule (IFR) that ends the practice of automatically extending the validity of Employment Authorization Documents (EADs) for aliens who timely file a renewal application in certain eligibility categories, effective on October 30, 2025. For renewal EAD applications (Form I-765) filed on or after October 30, 2025, the current up-to 540-day automatic extension will not apply (reduced to zero days). The stated goal of the rule is to "prioritize the proper vetting and screening of aliens" before granting an extension of employment authorization, citing concerns for public safety and national security.
Who is NOT Impacted (Exceptions):
- Statutory/Notice Exceptions: The rule does not affect automatic extensions provided by law or through a Federal Register notice for Temporary Protected Status (TPS)-related employment documentation.
F-1 Students Applying for STEM OPT Extension (180 Day Extension)
BIO is currently reviewing the rule and guidance. Currently, It is unclear if this rule will apply to F-1 STEM OPT applications, though our preliminary determination is that this is unlikely. BIO's review currently notes that 1) the proposed rule does NOT impact the section of regulation pertaining to F-1 STEM 180 Day extension AND 2) The rule specifically applies to EAD renewals. The F-1 STEM OPT Extension is not an EAD renewal which is an I-765 application under the same category. STEM OPT applications are an I-765 application under a new category.
Impacted Populations:
The change affects virtually all categories previously eligible for the 540-day automatic extension, including:
- Asylum Application Pending (C8)
- Adjustment of Status Pending (C9)
- Spouses of E, L-1, and H-1B nonimmigrants (A17, A18, C26)
- Withholding of Deportation or Removal Granted (A10)
- Temporary Protected Status Granted (A12)
- VAWA Self-Petitioners (C31)
- Cancellation of Removal Applicants (C10)
- Refugees (A03) and Asylees (A05)
In order to avoid a lapse in work authorization, USCIS strongly recommends that applicants file their EAD renewal applications as early as possible before their current EAD expires. This IFR is effective immediately upon publication but is an interim final rule, meaning DHS is requesting public comments on the rule until December 1, 2025.