The Department of Homeland Security (DHS) has announced a significant change affecting employment authorization in the United States. An Interim Final Rule (IFR) will end the automatic extensions of Employment Authorization Documents (EAD) for specific applicant categories, namely H-4 spouses and Adjustment of Status (AOS) applicants. This new regulation will take effect on October 30, 2025.
Impact of the New Rule
Previously, eligible applicants who submitted their EAD renewal applications on schedule could receive automatic extensions lasting up to 540 days. This allowed them to continue their employment while their applications were being processed by the U.S. Citizenship and Immigration Services (USCIS). However, with the introduction of this rule, applicants will no longer benefit from these automatic extensions.
Once an EAD expires after October 30, 2025, individuals must halt their employment until USCIS issues a renewed EAD. Employers will be required to confirm the validity of EADs before permitting continued employment. According to the DHS, this change aims to bolster identity verification and enhance background screening processes.
Key Details and Guidelines
- Who is affected? H-4 spouses and AOS applicants relying on USCIS-issued EADs.
- Effective Date: The rule takes effect on October 30, 2025.
- EAD Expiration: Upon expiration, you must cease work until a new EAD is approved and issued.
- Receipt Notices: These will no longer function as work authorization.
- USCIS Processing Time: EAD renewals typically take between 6 to 12 months, based on various factors.
- Employer Policies: Employment must end once the EAD is expired.
- Exempt Categories: Certain categories specified by law remain exempt from this change.
- Early Filing: Applicants are encouraged to submit renewals up to 180 days prior to expiration.
Advice for Applicants
The termination of automatic EAD extensions will significantly alter the processes for H-4 and AOS applicants. It is vital to track application progress and file requests as early as possible, ensuring minimal disruption to employment. Understanding these changes can help applicants navigate the new landscape of employment authorization in the U.S.
