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EAD automatic extension ended

Final rule in effect since Oct 14, 2026 (interim rule since Oct 30, 2025)
Updated Oct 14, 2026 H-4

DHS finalized, without changes, its interim rule ending the automatic extension of work permits (EADs) while a renewal is pending. For renewals filed on or after Oct 30, 2025, work authorization no longer continues past the card's expiration date (it used to continue for up to 540 days), so a gap is possible if USCIS has not approved the renewal in time. It covers categories that used to get the extension, including H-4 spouses and green-card applicants with a pending I-485 (alongside pending-asylum cases, the largest groups). Extensions that came with renewals filed before Oct 30, 2025 are not affected, and TPS-related documents follow their own Federal Register notices. The rule text does not mention F-1 OPT or STEM OPT EADs.

中文2026 年 10 月 14 日,DHS 原样确认了此前的临时最终规则:EAD 续期申请待批期间,工作许可不再自动延长。2025 年 10 月 30 日及之后递交的续期申请,工作许可到卡片到期日即止(此前最长可自动延长 540 天),如果 USCIS 没有及时批准续期,就可能出现工作空档。受影响的是过去享有自动延期的类别,包括 H-4 配偶和已递交 I-485 的绿卡申请人(与待决庇护申请并列为最大的两类)。2025 年 10 月 30 日之前递交的续期所获得的延期不受影响,TPS 相关文件按各自的 Federal Register 公告处理。规则正文未提及 F-1 OPT / STEM OPT 的 EAD。

Timeline

  1. Interim final rule 'Removal of the Automatic Extension of Employment Authorization Documents' (90 FR 48799): no automatic extension for renewals filed on or after this date
  2. Final rule 'Removal of Automatic Extensions for Certain Employment Authorization Documents' (91 FR 65306); effective immediately, no changes from the interim rule

Related official updates

Federal RegisterOct 14, 2026

Removal of Automatic Extensions for Certain Employment Authorization Documents

DHS finalized, without changes, its interim rule ending automatic extensions of Employment Authorization Documents for people who file a renewal application, which affects H-4 spouses and green-card applicants with pending I-485s; the rule text does not address F-1 OPT/STEM OPT EADs.

Federal RegisterSep 11, 2026

Eliminating the Discretionary 60-Day Grace Period

DHS proposes eliminating the discretionary up-to-60-day grace period that currently lets nonimmigrant workers (including H-1B holders) and their dependents remain in the US after their job ends before their status expires. If finalized, workers who lose their jobs would need to find new employment, change status, or depart immediately rather than having a grace period buffer.

Federal RegisterAug 11, 2026

Mandatory Electronic Filing (e-Filing)

USCIS issued an interim final rule enabling mandatory electronic filing for certain immigration benefit requests. This modernizes the system for H-1B, F-1, OPT, and other visa petitions and applications.

Federal RegisterJun 29, 2026

Alien Registration Form and Evidence of Registration

DHS finalized updates to alien registration forms and procedures, designating a general registration form and adjusting accepted registration evidence. H-1B, F-1, and all other visa holders must comply with new registration requirements.

USCISDec 4, 2025

USCIS Increases Screening, Vetting of Aliens Working in U.S.

USCIS reduced the maximum validity period for Employment Authorization Documents (EAD) for certain alien categories. Workers and OPT/STEM OPT holders using EAD must renew more frequently.