USCIS Final Rule Ends 540-Day Automatic EAD Extension For Key Categories

US Citizenship and Immigration Services (USCIS) published a final rule on October 14, 2026 that permanently ends the automatic extension of up to 540 days for many Employment Authorization Document (EAD) renewals filed on or after October 30, 2025. Affected workers, including adjustment of status applicants and H-4 spouses, may need to stop working if their current EAD expires before USCIS approves the renewal.

The rule adopts the October 2025 interim final rule without substantive change and is effective immediately.

What Was the 540-Day Automatic EAD Extension?

Historically, certain EAD renewal applicants who timely filed Form I-765 renewal applications received an automatic extension of employment authorization while their renewal applications remained pending. USCIS initially provided an automatic EAD extension of up to 180 days and later expanded that period to as much as 540 days to address processing delays and prevent unnecessary work authorization gaps.