New EAD Rules: Who’s Affected and Who’s Not by New Work Authorization Rules

On October 30, 2025, the U.S. Department of Homeland Security (DHS) published an Interim Final Rule (IFR) that removes the automatic extension of work authorization for certain categories of EAD holders. Previously, if you filed to renew your EAD before it expired, you could continue working for up to 540 days while waiting for approval. That’s no longer the case for many categories.

Who Is Affected?

The automatic extensionno longer appliesto EADs filed on or after October 30, 2025, for these categories:

1. Asylum applicants(category c(8))
2. Refugees(category (a03))andAsylees(category (a05))
3. Adjustment of Status applicants(category c(9))
4. H-4 spouses of H-1B workers(category c(26))
5. Spouses of E and L-1nonimmigrants (category (a17), (a18))
   • These spouses are automatically authorized to work in the U.S. once they receive their I-94 record showing spousal status.
   • No major impact from the new rule unless the spouse is using an EAD card and needs to renew it. If they rely on EAD renewal, they may lose the 540-day automatic extension
6. TPS holders (category a(12)) unless covered by separate Federal Register notices
7. VAWA self-petitioners(category c(31))
8. Individuals granted withholding of removal or deportation(category a(10))
9. N-8 or N-9nonimmigrant(category (a07))
10. Citizen of Micronesia, Marshall Islands, or Palau(categorya(08))
11. Suspension/Cancellation of Removal orNACARA(categoryc(10))
12. Adjustmentbased on continuous residence since 1972(categoryc(16))

The Form I-797C, Notice of Action, receipt notice for a Form I-765 renewal application filed on or after Oct. 30, 2025, will now state the document is not evidence of employment authorization and cannot be used by itself or when presented with an expired EAD as proof of employment authorization.

For full details, please take a look at Section III (C) of the DHS rule published in the Federal Register on October 30, 2025.

Who IsNotAffected?

• F-1 students applying for STEM OPT extensions (180-day auto-extension still applies)
• F-1 to H-1B cap-gap extension.
• H-1B workerswith timely filed extensions (240-day extension still applies)
• TPS holdersEADs that have been automatically extended by Federal Register Notices (FRN) for the Temporary Protected Status (TPS) category A12 or C19 EADS.

Don’t Forget These

• This rule is effective immediatelyas of October 30, 2025.
• It is not retroactive,and EAD extension applications filed before this date still qualify for the 540-day extension.
• You canfile for EAD renewalup to 180 days before expiration.
• Delays may affect your ability to work since USCIS often takes longer than 180 days to process EAD renewals.