A recent client of ours, a Chinese high-tech executive on an L-1 visa with a pending Employment Authorization Document (EAD) renewal, encountered unexpected work authorization challenges due to the Department of Homeland Security's (DHS) new interim final rule effective October 30, 2025. This rule ends the automatic extension of EADs for timely filed renewal applications, fundamentally changing the landscape for foreign nationals relying on EADs, including many dependent spouses on H-4 or L-2 visas.
Under the previous policy, USCIS granted an automatic 180-day extension of work authorization for those who timely filed their EAD renewals before expiration. This grace period allowed clients to continue working while USCIS processed their renewal petitions. However, with the new rule (published in 8 CFR Part 274a), this automatic extension is eliminated, meaning that if the renewal is still pending after the expiration date, the work authorization effectively lapses until approval.
For our client, who is an L-1 visa holder’s spouse on L-2 with an EAD, this change meant if renewal applications are not filed at least 6 months before expiration, they risk a gap in employment authorization. From our practical experience, we have seen that processing times for EAD renewals currently average 5-7 months. Without the automatic extension, any delay beyond the expiration date results in a forced stop of employment, which can affect household income and visa status stability.
From the employer’s perspective, compliance with Form I-9 verification is also impacted. Employers must now carefully review EAD expiration dates and cannot rely on automatic extensions to maintain employment eligibility. This requires updating HR policies and training to ensure no unauthorized work occurs unintentionally. Failure to comply risks penalties under INA §274A and USCIS enforcement actions.