DHS ends H4, L2, AOS EAD Automatic Extension. Impact? FAQs?

DHS published an interim final rule in the federal register today, October 30th, 2025, that ends the 540-day Automatic Employment Authorization Document(EAD) extension for many visa types, including H4, L2, Adjustment of Status (AOS), and other applicants.

In this article, we will look at the background, how the end of automatic EAD extensions would work, who it would impact, when it would start, future impact, potential lawsuits, and common FAQs on the same.

Background: 540 Days Automatic Extension for EADs

Below is a brief background of the 540-day Automatic Extension on EADs, its history:

• 540 days Automatic Extension of EAD: Certain eligible EAD applicants (like H4, AOS) who properly file an EAD extension application (Form I-765) in the same category with USCIS before the EAD’s expiration can continue to work for up to 540 days while the EAD application is pending, provided they continue to maintain status with a valid I-94 form.
• In March 2022, the Biden Administration first announced its plan to increase the automatic extension period for eligible Employment Authorization Document (EAD) holders from 180 to 540 days. This was mainly to address the delays in EAD processing times and help people already working on EAD.
• Later, in May 2022, DHS/USCIS published a temporary final rule to extend automatic EAD renewals from 180 days to 540 days. Later in April 2024, they again published another temporary final rule extending the same 540-day auto extension for EADs until September 30, 2025.
• After two temporary final rules, DHS/USCIS decided to make the policy change permanent and published a final rule in December 2024 to increase the automatic extension duration to 540 days for certain eligible EAD applicants, effective January 13th, 2025.

Now that we understand some background on the 540-day EAD automatic extension, let’s look at what is changing and why.

Why is the Automatic Extension of EADs ending for H4, L2, AOS, and others?

Since the Trump Administration took office for its second term, it has been focused on changing many immigration policies to strengthen national security, which includes vetting of non-citizens entering or living in the US.

The interim final rule to end automatic extension for certain EAD applicants is also on the same lines as listed below in the federal register’s rule text:

• National Security, Safety of Americans: The automatic EAD extension does not conduct proper reviews and vetting of individuals working on EAD, posing a security risk and impacting the safety and security of Americans.
• Presidential Directives: The current final rule to end automatic extension is based on President Trump’s Executive Orders(EO): EO 15159 (“Protecting the American People Against Invasion”) and EO 14161(“Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats”)
• Recent Attacks, Program integrity: The regulation text references a June 2025 incident in Boulder, where an asylum applicant with an automatically extended EAD made attacks using Molotov cocktails. Also, they indicate that this change to proper vetting is intended to ensure national security and maintain program integrity.

Below is the screenshot of the regulatory text that highlights the above:

Now that we understand why they are publishing this interim final rule, let’s look at the actual change and who it impacts.

Automatic EAD Extension Ending for H4, L1, AOS, Others

As per the interim final rule published by DHS, below is what will happen and who it will impact:

• The interim final rule ends the 540-day automatic extension of EADs for many of the current eligible EAD applicants who apply for EAD Renewal. It is not reverting back to 180 days, but the option for automatic EAD Extension is ending completely.
• With the ending of the 540-day automatic extension of EADs, the previously eligible applicants with the 540-day automatic extension option will no longer be able to work with an expired EAD card and a pending EAD application with USCIS. They must stop working after expiration of EAD card and wait for the approved EAD card from USCIS to start working again.

EAD Categories Impacted by the End of EAD Automatic Extension

Below is the complete list of USCIS EAD Categories that are impacted by the ending of the automatic extension of EADs:

Exceptions for EAD Automatic Extensions: The exceptions to the end of automatic extensions of EAD include anyone for whom the EAD is provided by law or through a federal register notice for Temporary Protection Status (TPS)- related applicants.

Employment Authorization after EAD Card Expires for L2, Others Incident to Status

For specific visa holders, where the Employment Authorization is incident to their US Visa Status, like L2, E2, even though their EAD Card Expires, they can continue to work until their I-94 is valid. It is just that they cannot use the expired EAD Card as proof of employment. In general, visa holders like L2, E2 can work with their I-94 status that says L2S, E2S, they do not need an EAD Card.

• Example: Let’s say you are an L2 visa holder who entered the US and applied for an EAD card with USCIS and got it approved until January 15th, 2026.
  • Now, the same L2 visa holder traveled out of the US and re-entered, and received an I-94 with L2S status until December 10th, 2027, as the spouse has an L1 extension approved.
  • Now, in this case, the L2 visa holder can continue to work even with an expired EAD Card after January 15th, 2026, until December 10th, 2027. The reason is that the L2 Visa holder does not need an EAD card to work; they can use an I-94 card with an L2S Status on it for employment. The only thing is, they cannot use the Expired EAD card as proof of employment for I-9 verification at their employer.

Below is the screenshot of the exact text from the regulation clarifying the above for L2 visa holders:

Effective Date of Rule ending Automatic EAD Extensions

• The interim final rule applies to any EAD applications submitted with USCIS on or after October 30th, 2025.
• All the EAD applications filed with USCIS on or after October 30th, 2025, will not get the 540-day automatic extension. The applicants must stop working when their EAD expires if they do not have an approved EAD card in their possession.

EAD Applications filed before October 30th, 2025

The interim final rule does not impact any EAD applications filed before October 30th, 2025. All eligible applicants who filed an EAD renewal application with USCIS will receive an automatic 540-day EAD extension. They can continue to work if they qualify based on the 540-day automatic extension rule.

What is the Official Interim Final Rule Regulation Info?

• Interim Final Rule Title: “Removal of the Automatic Extension of Employment Authorization Documents“
• Federal Register Document Link: Removal of Automatic EAD Extension
• Publish Date: October 30th, 2025
• Status: Published as an interim final rule(IFR), which means it is effective immediately and final, but allows public comments. They may make changes in future based on public comments.

Impact of the Rule ending EAD Automatic Extension

To assess the impact, first, let’s look at the current USCIS processing times directly from their website for a couple of main EAD categories like H4 EAD and AOS EAD.

• The current for H4 EAD applications that are filed standalone is at 12 months.
• The current USCIS processing time for Adjustment of Status(AOS) applications filed at Service Center Operations Directorate(SCOPS) is about 7 months. See the below screenshots for the same, taken directly from USCIS website.

As per USCIS, for AOS EAD, they suggest to file upto 180 days before the expiration of the card. Also, for H4 EAD, you cannot file H4 EAD renewal more than 180 days before the orginal EAD expiration date.

Now, if an H4 Applicant or an AOS applicant files for an EAD at around 180 days, the chances of them getting approval before the expiration are unknow as the current average processing times are about 210 days for H4 EAD and 365 days for AOS EAD.

In terms of the scale of impact just for H4 EAD and AOS EAD, let’s look at the USCIS EAD Processing data for FY 2024, FY 2023. Below is the approximate number of renewal applications processed by the USCIS:

As you can see from above, annually for H4 visa holder, about close to 95K applicants would be potentially impacted and for AOS EAD, it is anywhere from 150K to 240K. For Asylum applicants, it is over 800K applications that are impacted and their processing times stand around 195 days.

Overall, the impact of the removal of the EAD automatic extension is significant for many EAD applicants and it can create hardships for them as they may lose their jobs, if they do not receive the renewal on time.

Will there be a Lawsuit on Removal of Automatic Extension of EAD?

One of the biggest sticking point for the lawsuit is lack of proper process for the regulation. Usually, the regulation text is published first and then public gives their comments, then DHS gives out final regulation. There are total 9 Steps in the Federal Rule making.

Unless there is an emergency that is justified by the Govt. they cannot just publish a final rule without comments from the public as it impacts many of the EAD applicants. Despite the reference of an incident in Boulder, CO, it may not justify an immedaite final rule.

We can expect to see some lawsuits to be filed on this in the upcoming days.

Common FAQs

What do you think of the removal of the automatic extension for EAD? What kind of impact do you forsee for H4 and AOS applicants? Share your thoughts in comments section below.