Notice to Employers: DHS Eliminates 540-Day EAD Auto-Extension for Certain Categories

Effective October 30, 2025, the Department of Homeland Security (DHS) has issued an Interim Final Rule (IFR) eliminating the 540-day automatic extension of Employment Authorization Documents (EADs) for renewal applications filed on or after that date.

Affected EAD Categories:

• Adjustment of status applicants (C09).

• Refugees and asylees (A3, A5).

• Pending asylum applicants (C08).

• VAWA self-petitioners and qualifying children (A31).

• H-4 spouses with valid H-4 I-94 (C26).

• Temporary Protected Status (A12, C19) — note that TPS EADs may still receive automatic extensions if separately authorized by Federal Register notice.

Not Affected:

• L-2 and E spousal non-immigrants, who are work-authorized incident to status and remain authorized as long as their I-94 is valid and it reads L2S or E1S/E2S.  If the “S” is missing, they must contact the CBP to have this corrected.

• F-1 STEM OPT students, who continue to receive a 180-day automatic extension under separate regulations.

Key Impact:

For affected categories, no automatic extension will apply to EADs filed on or after October 30, 2025. Work authorization will end the day after the EAD’s expiration date unless a new EAD or another basis for work authorization is in place.

Action for Employers:

• Review employees’ EAD categories and expiration dates.

• For employees working incidental to their L2 or E spouse status without a valid EAD, ensure that the letter “S” appears after L2 or E1/E2.

• Update I-9 and re-verification processes accordingly.

• Communicate the change to affected workers and plan for potential work authorization gaps.

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