DHS Rule Eliminates the 540-Day Automatic Extension of EADs

29 October 2025

On October 29, 2025, the Department of Homeland Security (DHS) published an Interim Final Rule regarding the automatic 540-day extension of certain Employment Authorization Documents (EADs), if the holder had filed for an extension of the EAD prior to the EAD’s expiration. Starting on October 30, 2025, the rule eliminates the automatic 540-day extension, and requires the holder of the EAD to cease working, if their EAD has expired, until their extension is approved and the new EAD is received. This rule DOES NOT apply to international F-1 students who have timely filed for an Optional Practical Training (OPT) extension under the STEM OPT regulations. F-1 students who timely file for a STEM OPT extension may still continue to work past the end date of the previous EAD, for up to 180 days.

A list of the categories of EAD’s that are no longer eligible for the 540-day automatic extension can be found here, within the Interim Final Rule (IFR).

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