Big hit for H-1B spouses as US ends automatic extensions of employment authorization documents

The Department of Homeland Security (DHS) has issued an interim final rule ending the automatic extension of Employment Authorization Documents (EADs) for certain noncitizens who file renewal applications. The change, effective from October 30, 2025, is aimed at strengthening screening and vetting processes before employment authorization is renewed.

The policy change thus applies to aliens whose current EAD is based on a specific eligibility category and who timely file the renewal application under the same category.

In practice, this includes non-citizens whose EADs are based on categories such as asylee status, adjustment of status, or dependents of H-1B (H-4) or L-1 (L-2) visa holders — so long as the category is listed as eligible for automatic extensions.

Under the new rule, noncitizens who apply for EAD renewal on or after the effective date will no longer receive an automatic extension while their application is pending. DHS has clarified that this decision will ensure more frequent background checks of individuals seeking to work in the United States. Limited exceptions will continue to apply for cases where extensions are mandated by law or provided through a Federal Register notice related to Temporary Protected Status (TPS).

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According to the department, the move aligns with its goal of enhancing national security and preventing misuse of the employment authorization system.

“USCIS is placing a renewed emphasis on robust alien screening and vetting, eliminating policies the former administration implemented that prioritized aliens’ convenience ahead of Americans’ safety and security. It’s a commonsense measure to ensure appropriate vetting and screening has been completed before an alien’s employment authorization or documentation is extended. All aliens must remember that working in the United States is a privilege, not a right,” USCIS Director Joseph Edlow said.

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USCIS has advised noncitizens to submit renewal applications as early as 180 days before the expiration of their current EADs to avoid work interruptions. The agency warned that delays in filing could result in temporary lapses in employment authorization.

The interim rule applies only to renewal applications filed on or after October 30, 2025. EADs that were automatically extended before this date will remain valid until their designated expiration. DHS emphasized that the policy change reinforces its focus on maintaining the integrity of the US employment system while ensuring that individuals authorized to work undergo appropriate background checks at regular intervals.