Sarah Jones
Nov 30, 2025
Starting October 30, 2025, USCIS no longer grants the 540-day automatic extension for timely-filed EAD renewals — raising concerns amid massive processing delays.
What Happened: DHS Ends the Automatic EAD Extension
On October 30, 2025, the Department of Homeland Security (DHS) published a final rule officially ending the 540-day automatic extension of Employment Authorization Documents (EADs).This change applies to all applicants who file an I-765 renewal on or after October 30, 2025.
Previously, the 540-day extension acted as a safety net that allowed employees to continue working legally while USCIS processed their renewal — often taking six months or more. Without it, workers and businesses now face significant new challenges.
Why This Change Raises Serious Concerns
A worker cannot continue employment without a valid, unexpired EAD.Under the old policy, timely filing triggered an automatic extension — even if USCIS took months to process the new card.
Now:
Once an EAD expires, the employee must be suspended or terminated.
This places hundreds of thousands of workers in immediate jeopardy.
USCIS Delays: The Numbers Tell the Story
Processing delays remain severe:
As of November 3, 2025➝ 900,000+ EAD applications had been pending for more than six months
As of June 3, 2025➝ 20% of all EAD renewal cases were pending for more than six months
With processing backlogs this large, eliminating the automatic extension puts a massive number of legally authorized workers at risk of losing their jobs — even when they applied on time.
Who Is Affected by the New Policy
The end of the automatic EAD extension affects:
TPS beneficiaries
asylum applicants
adjustment of status applicants (I-485)
spouses of work-visa holders
certain student categories
anyone who must renew their work permit via Form I-765
For many categories, the EAD is the only document that authorizes employment.Once it expires, work authorization ends immediately.
Impact on Employers
Employers are required to:
verify valid work authorization
suspend or terminate employees with expired EADs
re-verify Form I-9 documents
track EAD expiration dates carefully
Businesses are concerned about:
losing valuable employees
increased HR workload
legal compliance risks
staffing shortages
USCIS Response
USCIS has stated that it aims to speed up EAD processing times, but current delays continue to strain both workers and employers.
Until processing times improve, the removal of the automatic extension will remain a major challenge across multiple industries.