United States: USCIS Reaffirms Regulation Eliminating Maximum 540-Day EAD Auto-Extension
October 13, 2026
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At a glance
- USCIS is issuing a final rule codifying last year’s interim regulation that eliminated the maximum 540-day automatic extension of Employment Authorization Documents (EADs), which had previously been available to many EAD categories, including renewals of H-4 and adjustment of status EADs.
- Like the interim regulation, the final rule applies only to certain EAD applications filed on or after October 30, 2025. It does not affect automatic extensions for EAD applications filed before October 30, 2025. The final rule makes no changes to the interim regulation.
The issue
U.S. Citizenship and Immigration Services (USCIS) is issuing a final rule to reaffirm and codify the interim final rule (IFR) released last year that eliminated the maximum 540-day automatic extension of employment authorization documents (EADs) for certain foreign nationals who timely file EAD renewal applications on or after October 30, 2025. The final rule is scheduled for publication tomorrow, with an advance copy made available today.
Although the elimination of the maximum 540-day EAD auto-extension for renewal applications filed on or after October 30, 2025 has been in effect since last year, it was initially introduced as an interim measure without advance notice to the public or an opportunity to comment. The final rule, which USCIS is issuing after considering comments to the interim rule, codifies the interim measure without change.
As such, EAD renewal applications filed on or after October 30, 2025 continue to be ineligible for the maximum 540-day auto-extension that was in effect prior to last year’s interim rule. As under the interim rule, an EAD renewal applicant’s work authorization expires when their EAD card expires and will not resume again until USCIS approves the EAD renewal application (unless the foreign national has a separate basis for work authorization to cover the gap).
The final rule does not affect the validity of EADs that were automatically extended prior to October 30, 2025, or which are otherwise extended by law or Federal Register notice.
Scope and operation of the final rule
The final rule codifies the interim rule’s elimination of the maximum 540-day automatic extension of certain EADs for renewal applications filed on or after October 30, 2025. The list of EAD categories impacted by the interim and now final rule includes:
- Adjustment of status applicants (C09);
- Refugees and asylees (A3 and A5);
- Noncitizens who have properly filed applications for asylum and withholding of deportation or removal (C08);
- Approved self-petitioners under the Violence Against Women Act (VAWA) and their qualified children (A31);
- H-4 spouses with an unexpired H-4 I-94 (C26); and
- Temporary Protected Status (TPS) (A12 or C19) (although TPS EADs may still benefit from blanket auto-extensions if a separate Federal Register notice provides for an automatic extension of TPS EADs for a defined class of TPS holders)
Spouses of L and E nonimmigrants remain work-authorized “incident to status” and do not require an EAD. As such, USCIS has acknowledged that even if an L or E spouse elects to obtain an EAD, their underlying status would provide work authorization beyond the date that the EAD expired as long as their status remains valid, due to their “incident to status” work authorization.
In addition, F-1 students applying for a STEM extension of employment authorization are not affected by the elimination of the maximum 540-day auto-extension, as they continue to receive a 180-day auto-extension upon timely filing of their STEM EAD application pursuant to a separate regulatory provision.
Background
In 2016, USCIS issued a regulation providing for the automatic extension of work authorization of up to 180 days from EAD expiration for certain EAD renewal applicants who timely file for EAD renewal in the same work authorization category.
In spring 2022, USCIS temporarily increased the auto-extension period to up to 540 days. The measure was designed to reduce the risk of EAD renewal applicants experiencing gaps in work authorization. USCIS made this 540-day auto-extension permanent in December 2024, taking effect in January 2025. In October 2025, USCIS issued its interim rule eliminating the 540-day auto-extension entirely, which took effect on October 30, 2025, and with the issuance of this final rule, USCIS has codified and made permanent the elimination of this auto-extension.
What this means for employers and foreign nationals
The issuance of the final rule merely continues the status quo that has been in effect since the interim rule eliminating the maximum 540-day auto-extension took effect last year. Affected foreign nationals – including adjustment of status applicants and H-4 EAD holders – should continue to ensure that they file EAD renewal applications as early as possible to avoid or minimize potential gaps in work authorization.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
