The Department of Homeland Security (DHS) published an interim final rule in the Federal Register on 30 October 2025 eliminating the automatic 540-day extension of Employment Authorization Documents (EADs) that renewal applicants have enjoyed since the pandemic. Beginning immediately, foreign nationals who file to renew an expiring EAD must wait for full adjudication before continuing paid work, unless covered by narrow statutory exceptions for Temporary Protected Status or similar designations.
DHS says the change "restores integrity" by ensuring each applicant undergoes a fresh background check before work permission is extended. USCIS will amend I-797C receipt notices to state explicitly that they no longer serve as proof of employment authorization. The agency also pledged to update Form I-9 guidance within days.
Business immigration counsel call the rule one of the most disruptive policy shifts in years. Current processing times for EAD renewals range from six to twelve months; without the buffer, employers face increased risk of sudden work interruptions, I-9 compliance violations and downstream project delays. Industries heavily reliant on dependent spouses – notably tech, pharma and health care – may be hit hardest, as H-4, L-2 and E-2 spouses lose the ability to keep working while renewals pend.
HR departments should compile EAD expiration reports, triage cases that are within 180 days of expiry and budget for premium-processing upgrades where available (currently limited to certain categories). Companies are also urged to explore alternative work-authorization strategies, such as concurrent H-1B filings for critical talent or using B-1 in lieu of H-1B for short-term assignments abroad.
Advocates for immigrant workers argue the rule will push many law-abiding employees into involuntary unemployment and could spur attrition to Canada and the U.K., where permit-renewal backlogs are smaller. Several nonprofit groups are evaluating litigation, citing administrative-procedure deficiencies and disproportionate harm to women of color, who make up a high share of H-4 EAD holders.
DHS says the change "restores integrity" by ensuring each applicant undergoes a fresh background check before work permission is extended. USCIS will amend I-797C receipt notices to state explicitly that they no longer serve as proof of employment authorization. The agency also pledged to update Form I-9 guidance within days.
Business immigration counsel call the rule one of the most disruptive policy shifts in years. Current processing times for EAD renewals range from six to twelve months; without the buffer, employers face increased risk of sudden work interruptions, I-9 compliance violations and downstream project delays. Industries heavily reliant on dependent spouses – notably tech, pharma and health care – may be hit hardest, as H-4, L-2 and E-2 spouses lose the ability to keep working while renewals pend.
HR departments should compile EAD expiration reports, triage cases that are within 180 days of expiry and budget for premium-processing upgrades where available (currently limited to certain categories). Companies are also urged to explore alternative work-authorization strategies, such as concurrent H-1B filings for critical talent or using B-1 in lieu of H-1B for short-term assignments abroad.
Advocates for immigrant workers argue the rule will push many law-abiding employees into involuntary unemployment and could spur attrition to Canada and the U.K., where permit-renewal backlogs are smaller. Several nonprofit groups are evaluating litigation, citing administrative-procedure deficiencies and disproportionate harm to women of color, who make up a high share of H-4 EAD holders.
