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Regulatory Update: New Limits on Automatic Extensions for TPS‑Based EADs

by Legislative Update 1 min read March 16, 2026

USCIS has updated its guidance to clarify that automatic extensions of TPS based EADs are now significantly reduced for many beneficiaries due to three major changes:

  1. Country specific Federal Register notices
  2. DHS interim final rule effective Oct. 30, 2025
  3. Implementation of the One Big Beautiful Bill Act (H.R. 1) on July 22, 2025

As a result, many TPS applicants can no longer rely on the longer, up to 540 day automatic EAD extensions previously available.

Key Change: 1 Year Limit on Certain Automatic Extensions

If you have TPS, hold a TPS based EAD, and filed your EAD renewal on or after July 22 but before Oct. 30, 2025, USCIS will only grant an automatic extension of:

  • Up to 1 year, or
  • The remaining duration of the country’s TPS designation,
    whichever is shorter.

Even if your Form I 797C receipt notice lists a 540 day extension, you cannot use it if it falls under this time window.

Exception: Renewal Applications Received on or Before July 21, 2025

If your I 797C receipt notice shows a Received Date of July 21, 2025, or earlier, then:

  • The up to 540 day automatic extension still applies.
  • However, any portion after July 22, 2025, is also capped at:
    • 1 year from July 22, 2025, or
    • The end of the TPS designation, whichever is sooner.

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The Experian Employer Services Insights blog focuses on providing updates and solutions for HR teams, business owners, tax pros and compliance officers looking to navigate complex regulatory landscapes while optimizing their workforce management processes. Some important topics include payroll tax, unemployment, income & employment verification, compliance, and improving the overall employee experience.