On October 14th 2026, The Department of Homeland Security (DHS) announced a final rule eliminating the auto-extension for certain categories of Employment Authorization Documents (EADs). The final rule will take effect immediately and mirrors the Interim Final Rule released on October 30, 2025. This ends the Biden administration’s policy of automatically extending EADs for up to 540 days. DHS believes this rule will let it vet applicants and verify they remain eligible before extending their work authorization.
About the Rule
When someone applied for an EAD renewal on time, they could work until U.S. Citizenship and Immigration Services (USCIS) reviewed their application. USCIS allowed people to work up to 540 days after their EAD expired. By ending this practice, USCIS hopes to eliminate gaps in work authorization caused by delays in reviewing these applications. This final rule will apply to anyone who filed for an EAD renewal on or after October 30th 2025. If you filed before this date, your extension will remain intact.
Some exceptions to this rule include those with Temporary Protected Status (TPS). Extensions can be issued through notices in the Federal Register. Spouses whose employment is authorized incident to their status, such as L-2 and E spouses, are not affected by this rule and can keep working while their EAD renewal is pending. They also have a way to prove it. An unexpired Form I-94 with an L-2S or E-xS annotation is acceptable evidence of work authorization for Form I-9 purposes, so they don’t need to wait on a new card. H-4 spouses are a different story. Their work authorization depends on the EAD itself, so the new rule fully covers them.
USCIS has also proposed another rule that would impact parolees and deferred action recipients. They would need to show economic hardship in order to be approved for an EAD. This rule has not been finalized.
Impact
As of June 30, 2026, USCIS had over 432,000 EAD renewal applications pending for six months or longer, with more than 91,000 pending for over 18 months. Most applicants cannot file a renewal more than 180 days before their current card expires. If USCIS processing takes longer, even timely filers may need to stop working until their new card is approved. Between 20,000 and 33,000 EADs could expire over 18 months beginning in May 2027. It also estimates labor turnover costs to U.S. employers at $312.1 million and lost productivity at $138.1 million over that period, with about 1,700 to 2,800 employers affected. Anyone who depends on an EAD needs to apply once the 180-day period opens. They also need to ensure their employer knows well before the card expires.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.