U.S. Scraps EAD Automatic Extension: With Hundreds of Thousands Facing Unemployment Risk, How Should Immigrants Protect Themselves?
U.S. Scraps EAD Automatic Extension: With Hundreds of Thousands Facing Unemployment Risk, How Should Immigrants Protect Themselves?
Attorneys:Attorney Jeff Zhengquan Xie,Attorney Jiarui Yin,Attorney Qian Zhao,Attorney Haochun Ling, Xiang Xiao
Effective October 30, 2025, the U.S. Department of Homeland Security (DHS) will officially revoke the automatic extension policy for Employment Authorization Documents (EADs). Over 400,000 immigrants may lose their legal right to work while awaiting EAD renewal approval, sparking nationwide concern. This article will walk you through the core policy changes, the groups affected, and actionable recommendations to help you make advance legal and immigration status plans.
I. Policy Overhaul: EAD Automatic Extension Officially Terminated
The U.S. Department of Homeland Security (DHS) announced that starting October 30, 2025, immigrants applying for EAD renewal will no longer be eligible for automatic extension of work authorization. Under the previous policy, applicants were granted an automatic 540-day extension of work eligibility while U.S. Citizenship and Immigration Services (USCIS) processed their renewal requests. Under the new rule, however, applicants must wait until their renewal is approved before they can resume working legally.
In a statement, USCIS Director Joseph Edlow noted that the termination of automatic extension is intended to "strengthen security vetting and ensure comprehensive verification for every renewal application." He emphasized: "Employment in the United States is a privilege, not a right."
This new regulation means that any delays in the renewal process could directly result in immigrants temporarily losing their work authorization.
II. Affected Groups: Who Will Bear the Brunt?
DHS estimates that the policy will impact approximately 290,000 to 450,000 EAD renewal applications.
The primary groups affected include:
-
Applicants awaiting green card approval, mainly those with pending Form I-485 applications;
-
Beneficiaries of Temporary Protected Status (TPS);
-
Refugees and asylum seekers;
-
Spouses of H-4, L-2, and E visa holders;
-
Self-petitioners and derivative applicants under the Violence Against Women Act (VAWA);
-
DACA or deferred action beneficiaries.
In other words, a large number of foreign nationals who rely on EADs to make a living will face the risk of employment disruption during the renewal waiting period.
III. Attorney Recommendations: How to Respond Legally?
-
Plan for renewal well in advance
Submit your EAD renewal application at least 180 days before the current EAD expires to prevent work eligibility gaps caused by processing delays.
-
Proactively communicate with your employer
We recommend consulting your company’s human resources department to confirm internal policies and explore feasible transition options, such as:
-
Taking unpaid leave temporarily;
-
Securing job retention until renewal approval;
-
Maintaining legal employment by changing immigration status (e.g., H-1B, L-1 visas).
-
Pay attention to differences between EAD categories
Holders of certain EAD categories (e.g., Category C09) can maintain legal residency status during the adjustment of status process. Even if they are temporarily unable to work, they will not lose their immigration status immediately.
-
Stay updated on policy developments
Given the far-reaching impact of this policy, future judicial challenges or congressional interventions cannot be ruled out. We advise monitoring USCIS announcements or seeking real-time guidance from a qualified immigration attorney.
IV. Conclusion: Amidst the Turmoil, Planning Is Paramount
The revocation of EAD automatic extension signals a shift in U.S. immigration policy back to a "security-first" trajectory. In this climate, early planning and rational status management have become essential for every immigrant. Our law firm recommends the following:
Cease working immediately if your EAD expires. Avoid passive waiting or cutting off communication with relevant authorities. Maintain legal immigration status, preserve all application records, and consult a professional attorney promptly if you have any questions.
The above overview is prepared by XIE LAW OFFICES,LLC. to provide legal information to the Chinese community. It is primarily for academic discussion purposes and does not constitute legal advice on specific cases. If you already have legal representation, please consult your own attorney, who is familiar with the details of your case. Clients of Xie & Associates Law Firm, as well as readers who have not yet retained legal counsel, may contact Attorney Xie for specific legal questions. If you wish to reprint this document, please do so in full without any deletions, and clearly indicate the source.
Free Consultation Email: attorney@xielaw.com
Phone: (678) 380-0698
Website:
www.xielaw.com
WeChat ID: xielaw88
WeChat Official Account: U.S. Immigration Insights (xielaw8888)
Address: 1770 Indian Trail Lilburn Road, Suite 450, Norcross (Atlanta), Georgia 30093
1770 Indian Trail Lilburn Rd, Suite 450, Norcross, GA 30093 USA
(678) 380-0698 