US finalises limits on automatic EAD extensions, retaining earlier-filing exceptions

The 14 October final rule confirms the 2025 interim rule rather than starting a new filing cutoff.

United States · Final rule published and effective

A DHS final rule published and effective 14 October adopts the 2025 interim rule without changes. Covered renewals filed from 30 October 2025 no longer automatically extend EAD validity and, where applicable, employment authorisation merely while pending. The final rule does not create a new filing cutoff.[1]

Qualifying earlier renewals can retain extensions of up to 540 days from the card’s expiry date. USCIS must have actually received a timely, properly filed application by 29 October 2025; earlier mailing is insufficient. Category, continuing-eligibility and receipt-notice conditions still apply.[1]

Extensions provided by law or applicable Temporary Protected Status notices remain. Employment authorisation granted incident to immigration status does not necessarily end when the EAD expires.[1]

Official sources

  1. Federal Register: final EAD automatic-extension rule, 91 FR 65306

This article provides general information. Individual applications are subject to the applicable rules and the competent authority’s assessment.

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