DHS Ends Automatic Extension for Any Work Permit Renewal Filed After October 30th

The administration has decided to eliminate the automatic extension of timely-filed work authorization applications. This rule will reduce the automatic 540-day work permit extension to 0 days effective October 30, 2025.

Form I-765 may be electronically filed for many categories, and everyone expected to rely on the 540-day extension may wish to consider doing so today.

It is important to note that those with extension application already filed and which may be pending, are NOT impacted by this change.

Impacted categories include, but are not limited to, the following:

• Withholding of Deportation or Removal Granted (A10);
• TPS Granted (A12);
• Spouse of principal E and L-1 (A17 & A18), and
• H-4 nonimmigrants (C26);
• Asylum application pending (C8);
• Pending Adjustment of Status (C9);
• cancelation of removal applicants (C10), and
• VAWA Self-Petitioners (C31)

Impact on Employees:

Employees will now face likely loss of their jobs since there is always a lag between when the applications are filed versus USCIS processing times, which have tended to trend upwards. There is no option to file for EAD extensions with a request for Premium Processing, so unless employees are filing applications at least 180 days in advance, they will now face forced termination/separation.

Impact on Employers:

Employers will have unnecessary disruptions in work flow due to personnel changes. HR will now have the unenviable task of tracking the EAD expiration of all employees and then terminating them. If re-hired, then HR needs to make sure that the re-verification section of each Forms I-9 is correctly completed.

Compliance with E-Verify; if you opted into it, is a must.

Failure to terminate employees with expired EAD’s will leave employers at risk of I-9 fines!

Immediate Next Steps for Employers/HR:

• Ensure your company has a relationship with your Immigration counsel. Times are difficult right now, and unless you have counsel who is proactively informing you of changes, and providing advice and counsel on what you need to do to stay in compliance, you are NOT being supported!
• Review ALL employees with expiring EAD’s
• Create a system to track these and ensure that you are terminating employees with expired EAD’s
• When re-hired, ensure you are correctly completing the re-verification section of form I-9
• Reminds individual that they may file up to 180 days in advance of the EAD expiration.

Upcoming Webinar for HR/Executives:

Join Buchalter Shareholder Kripa Upadhyay, Co-Chair of Buchalter’s Immigration Practice, for an in-depth webinar series covering critical immigration developments. Each session will provide timely guidance on H-1B program changes, and strategies for filing successful NIW and EB-1 petitions.

Reserve your spot today and stay informed on the latest immigration updates impacting employers and investors.

Changes to H-1B – What Employers Must Know NOW!

When: November 15, 2025

Time: 12pm PT

Register HERE

How to File a Successful NIW & EB-1 Petition — Framing Your Expertise for Success

When: December 6, 2025

Time: 12pm PT

Register HERE

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