End of Automatic EAD Renewal Extensions Is Now Final: USCIS Rule in Effect for Renewals Filed Since October 30, 2025
A final rule from the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) has been published in the Federal Register and is in effect (91 FR 65306, effective October 14, 2026): in certain employment authorization categories, timely filing an application to renew an Employment Authorization Document (EAD, Form I-766) no longer automatically extends the card's validity or the holder's employment authorization. The rule adopts, without changes, the interim final rule of October 30, 2025, after responding to the public comments that rule received.
The dividing line is the filing date. Renewal applications filed on or after October 30, 2025 are governed by the new 8 CFR 274a.13(e): while the renewal is pending, there is no automatic extension, and the expiration date printed on the face of the card is the last day the holder is authorized to work. Qualifying renewals filed before that date keep the automatic extension of up to 540 days under 8 CFR 274a.13(d). Extensions provided by law or by a Federal Register notice, such as some Temporary Protected Status (TPS) related extensions, are not changed by the rule.
Affected categories include adjustment of status applicants (c)(9), H-4 spouses (c)(26), asylum applicants (c)(8), and refugees and asylees (a)(3) and (a)(5), among others. DHS states the purpose is to prioritize proper vetting and screening and to confirm continued eligibility before granting a new period of employment authorization. DHS estimates that 20,000 to 33,000 cards could lapse during an 18-month period beginning in May 2027 while renewals are pending.
In practice, holders must file far earlier than before: USCIS generally accepts renewal applications up to 180 days before the current card expires. If the old card expires before the renewal is approved and the holder has no other basis for employment authorization, that authorization stops. Legal challenges to the rule remain pending, but the rule is currently in effect.
Source: U.S. Citizenship and Immigration Services
Published by GSM · USA (original Chinese edition)
Photo: 图：美国公民及移民服务局（USCIS）签发的就业授权文件（工卡，Form I-766）样本。USCIS 官方图，公共领域，经 Wikimedia Commons。 / Photo: A sample Employment Authorization Document (Form I-766) issued by U.S. Citizenship and Immigration Services. USCIS image, public domain, via Wikimedia Commons.
