DHS Ends EAD Extensions as DOL Intensifies H-1B Oversight

On Oct. 30, the U.S. Department of Homeland Security (DHS) published an interim final rule (IFR) that will end the practice of automatically extending employment authorization documents (EADs) for foreign nationals who timely file renewal applications in certain employment authorization categories. Under the new rule — reverting to the pre-2016 policy — workers seeking to renew their work authorization must now wait for U.S. Citizenship and Immigration Services (USCIS) to adjudicate and issue a new EAD before they can continue employment once their current EAD expires.

Previously, certain EAD holders were automatically granted an extension of work authorization for up to 540 days (increased from 180 days), allowing them to remain employed while USCIS processed renewal applications and addressed case backlogs. That automatic extension policy will no longer apply to EAD renewals moving forward.

The IFR took effect upon publication. Automatic extensions granted before that date remain valid, and the new policy applies only prospectively. The rule affects several categories of EAD holders, including H-4 spouses, adjustment of status applicants without other work authorization, asylum applicants, and individuals in various categories. Litigation challenging this rule is anticipated.

The DHS action comes amid broader federal efforts to tighten oversight of employment-based immigration programs. For example, the U.S. Department of Labor has launched at least 175 investigations under Project Firewall — an aggressive H-1B visa enforcement initiative that began in September. Under the federal crackdown on potential program abuses, Labor Secretary Lori Chavez-DeRemer is authorized to personally certify the start of investigations when there is “reasonable cause” to suspect noncompliance.