The Department of Homeland Security (DHS) has officially ended the 540-day automatic extension of Employment Authorization Documents (EADs) for renewal applicants under its October 30, 2025 Interim Final Rule.
This change affects many categories of foreign national workers who previously remained authorized to work while their renewal was pending.
For HR professionals, this means greater risk of employment interruptions and the need for proactive I-9 compliance and renewal tracking.
Categories No Longer Eligible for Automatic 540-Day EAD Extensions
| Category | Who It Applies To |
| A03 / A05 | Refugees and individuals granted asylum. |
| A07 | Certain special immigrants, including religious workers, SIJs, and employees of U.S. or international organizations. |
| A08 | Citizens of Micronesia, the Marshall Islands, and Palau. |
| A10 | Individuals granted withholding of removal. |
| A12 / C19 | Individuals under Temporary Protected Status (TPS) or preliminary TPS approval. |
| A17 / A18 / C26 | Spouses of E, L, and H-1B visa holders. |
| C08 | Applicants with pending asylum cases. |
| C09 | Applicants adjusting status to lawful permanent residence. |
| C10 | Applicants seeking cancellation of removal or related relief. |
| C16 | Long-term residents applying for green cards through the registry process. |
| C20 / C22 / C24 | Legalization applicants under IRCA, the LIFE Act, or family unity provisions. |
| C31 | Applicants under the Violence Against Women Act (VAWA). |
Note for HR teams: Only individuals under Temporary Protected Status (TPS) remain eligible for limited automatic extensions tied to TPS validity. All other employees must stop working once their EAD expires until the renewal is approved.
What Employers Should Do Now
- Track EAD expirations carefully. Use internal reminders to ensure timely renewals.
- Communicate early with foreign national employees whose work permits are expiring soon.
- Plan for gaps. Prepare contingency staffing plans to reduce workflow disruption.
- Stay compliant. Ensure I-9 reverifications are accurate and up to date.
NPZ Guidance for Employers
Our attorneys are assisting HR teams nationwide in adapting to this rule. We can help with:
- I-9 verification strategy and audit preparedness,
- Reviewing renewal timelines for affected employees, and
- Coordinating with foreign nationals on lawful employment continuation.
For assistance, contact NPZ Law Group at www.visaserve.com or call 201-670-0006.
NPZ continues to monitor USCIS policy updates and their impact on employers and global workforce planning.
Contact Information If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.