DHS Ends Automatic EAD Extensions
- cgreen6876
- Oct 29
- 2 min read
On October 29, 2025, the Department of Homeland Security (DHS) issued an interim final rule that eliminates the “receipt rule” for certain Employment Authorization Document (EAD) renewals. Effective October 30, 2025, filing Form I-765 for EAD renewal will no longer trigger an automatic extension of work authorization.
Who’s Affected
This change primarily impacts H-4 dependent spouses, I-485 based EADs, and asylee EAD holders.
Premium processing is not available for these categories.
What This Means
Individuals who file to renew their EAD on or after October 30, 2025, will not receive an automatic extension.
As a result, they may face gaps in employment authorization and must stop working until their new EAD is approved and in-hand.
Who’s Not Affected
EAD categories protected by regulation—such as Temporary Protected Status (TPS) and F-1 STEM OPT extensions—are not impacted by this rule change.
USCIS Guidance (and Its Limitations)
USCIS recommends filing EAD renewals up to 180 days (about 6 months) before expiration to avoid lapses in work authorization.
However, this advice doesn’t fully account for H-4 EAD holders, who often cannot file early:
H-4 EAD applications typically depend on the H-4 status extension, which itself is tied to the H-1B petition filed by the employer.
Because of this dependency, H-4 EAD holders are not always able to file 180 days in advance, making them especially vulnerable to employment gaps.
AOS (Form I-485) based EADs are also impacted by this rule, but the effect is less dramatic. These types of EADs can be filed close to the 180-day mark, and they are also typically now issued for five year increments.