On October 30, 2025 the U.S. Department of Homeland Security (DHS) published an interim final rule that amends federal regulations at 8 CFR 274a.13 automatic extensions of Employment Authorization Document (EAD) cards, also known as work permit cards, for certain EAD categories. While the rule went into effect immediately on October 30, DHS is also accepting public comment through December 1, 2025.

Before the publication of the rule, certain categories of non-US citizens who submitted applications requesting extensions of their EAD work permits were automatically allowed to continue working up to 540 days while their applications were being reviewed by the U.S. Citizenship and Immigration Service (USCIS). With the publication of this new rule, these automatic extensions will no longer be granted. Among the EAD categories being affected are EAD cards issued to Temporary Protected Status (TPS) beneficiaries, asylum applicants, adjustment of status applicants, H-4 spouses of certain H-1B workers, noncitizens granted withholding of deportation or removal orders, and beneficiaries of VAWA self-petitions. A full list may be viewed on the USCIS web site on Automatic Extensions of Employment Authorization Documents. Anyone in one of the impacted EAD categories are recommended to apply for EAD extensions as soon as they are eligible to do so in order to minimize the possibility of disruptions to their employment authorization.

Of note, the interim final rule will not apply to any EAD extension applications filed before October 30. In addition, the rule grants exceptions for other types of extensions allowed by law or in Federal Register notices regarding procedures for renewing TPS employment documents. As a result, it should not apply to the 240-day automatic extension of H-1B, O-1, and TN employment authorization based on timely filed extension petitions. It should similarly not apply to the 180-day automatic extension of work authorization for F-1 students who timely file a STEM Extension of OPT, as this extension is provided for in a separate federal regulation.

If you have any questions, please contact ISSS at oisss@brown.edu.