Interim Final Rule Related to Employment Authorization Published
On October 30, the Department of Homeland Security published an eliminating the automatic 540-day extension for certain EADs (employment authorization documents) while an extension application is pending.
It is important to note that this rule is now in effect and applies to impacted EAD applications filed on or after Oct. 30, 2025; however, it does not apply to all EADs.
Importantly, F-1 students on OPT are still allowed to continue working for 180 days while a timely-filed STEM OPT extension application is pending.
EAD applications that are impacted include the following:
- extensions of H-4 employment authorization
- extensions of employment authorization for pending permanent residents
- extensions of EADs for pending asylum/refugee applicants
The Office of International Education (OIE) advises applying for immigration benefits, like employment authorization, early to avoid delays or possible gaps in employment authorization.
While this is an interim final rule, may be submitted until Dec. 1. Interim final rules may change or be legally challenged, so the details in this new rule may change. The OIE website will be updated if there are changes or more information becomes available.
Our team is available to support those who may be impacted. 麻豆村 community members are welcome to reach out to OIE with questions or concerns.