The administration has published an interim final rule that eliminates the automatic extension of timely-filed applications for the renewal of work authorization. This rule will reduce the automatic 540-day EAD extension to 0 days effective October 30, 2025.
The unpublished version of the rule may be found here.
Form I-765 may be electronically filed for many categories, and anyone expected to rely on the 540-day extension should know:
- The rule will NOT affect automatic extensions filed before October 30th.
- The rule will reduce the automatic extension from 540 days to 0 days for any work permit renewals filed after October 30th for all categories eligible for the extension.
- This is not expected to impact people currently on the 540-day extension.
Impacted categories include: Withholding of Deportation or Removal Granted (A10); TPS Granted (A12); Spouse of principal E and L-1 (A17 & A18), and H-4 nonimmigrants (C26); Asylum application pending (C8); Pending Adjustment of Status (C9); cancelation of removal applicants (C10); and VAWA Self-Petitioners (C31), among others. See the full list here.
Categories that are eligible for electronic filing include: TPS Status Granted (A12); Asylum Application Pending (C8); Pending Adjustment of Status (C9); Parole (including Ukraine Parole)(C11); and TPS Pending (C19).
USCIS’ press release reminds individuals that they may file up to 180 days in advance of the EAD expiration.
Please contact the immigration attorneys at Ryan Swanson if you have any questions.
