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ARTICLE · 05 NOVEMBER 2025

DHS Eliminates 540-Day Automatic EAD Extension For Certain Applicants

Kutak Rock LLP
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On October 30, 2025 the Department of Homeland Security (DHS) published an interim final rule (IFR) that significantly changes the automatic extension policy for employment authorization documents (EADs).

United StatesImmigration
Kutak Rock
Kutak Rock

On October 30, 2025 the Department of Homeland Security (DHS) published an interim final rule (IFR) that significantly changes the automatic extension policy for employment authorization documents (EADs). Effective immediately, the maximum 540-day automatic extension for certain EAD renewal applicants has been eliminated. This IFR applies to foreign nationals who file EAD renewal applications on or after October 30, 2025. This change, however, does not impact EADs that were already automatically extended before October 30, or those extended by law or separate Federal Register notice.

The DHS issued the IFR with immediate effect, invoking exceptions to the usual notice and comment period in the Administrative Procedure Act. As a result, there was no advance opportunity for public feedback before the IFR's implementation.

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