Just as the month draws to a close, the Department of Homeland Security (DHS) has surprised work permit holders with another sweeping policy change. Under the new rule, DHS will end automatic extensions for Employment Authorization Documents (EADs) in several categories, including H-4 visa holders and those applying for Adjustment of Status (AOS).
Before those directly affected could react or plan their next steps, another blow landed — the rule takes effect Oct. 30, 2025, just 24 hours after its publication in the Federal Register.
Under the current policy, applicants seeking EAD renewals receive an automatic 540-day extension, allowing them to continue working while U.S. Citizenship and Immigration Services (USCIS) processes their applications. Beginning Thursday, that safety net will disappear, leaving many facing potential job loss.
While repealing the extension period itself seems abrupt, the lack of notice given appears arbitrary — especially for those needing renewals soon. Immigration attorney James Hollis, partner and head of sports, entertainment, and business immigration at McEntee Law Group, spoke about the absence of any notice period for the ruling.
“USCIS realizes that this is a potential problem with major policy announcements,” Hollis said. “So, when they make an announcement on the morning of October 29, 2025, that any cases received on or after October 30, 2025, will have a different policy, my assumption is that they’re trying to catch people out. Because there’s now no way for applicants not to be harmed by the policy — even if they gave a day’s worth of notice, some people could prepare and file the applications.”
Still, there may be some hope. Hollis indicated that litigation challenging the rule is possible. “I would also suspect that litigation on this issue will be considered,” he said, adding that immigration attorneys are already coordinating and planning their next move.
READ: DHS to end automatic extension policy for immigrant work permits (EADs) (October 29, 2025)
Forced unemployment
Every new rule isn’t just an update on paper — it carries real-life consequences. For thousands of applicants looking to renew their work permits, the latest change poses serious financial and professional challenges.
Attorney Kripa Upadhyay, co-chair of the Immigration & Global Mobility Practice at Buchalter, highlighted the real-world impact: “The biggest repercussion is unnecessary disruption to the workforce at a time when inflation is already high.”
There are also professional constraints, Upadhyay noted. “Employees will be forced to face job loss once the current EAD expires and before the new one is issued. USCIS does not allow for premium processing option for EAD’s and normal processing time is about 7-10 months depending on jurisdiction of the case.”
Experts say the abrupt policy shift has thrown applicants into confusion, leaving many suddenly ineligible for benefits they were counting on under the previous rule. Hollis explained, “When USCIS makes a change like this with no notice, it means that applicants who have been preparing applications for submission based on the prior rule will all of the sudden have to use the new rule.”
“If someone has been preparing an employment authorization document extension believing that they will have a 540-day automatic extension while the application is pending, but haven’t submitted the application by yesterday night, they will now not receive the automatic extension and may be left for a period without work authorization, lose their job, lose their ability to get a driver’s license extended, etc.,” he added.
The ruling doesn’t just affect employees — it creates practice-based challenges for employers as well. Upadhyay says, “For employers this is an unnecessary disruption and adds compliance needs as employers will need to terminate employees once their current EAD lapses, if the new EAD has not arrived. They will then need to rehire and then adequately document all of this to avoid I-9 fines.”
Is there any respite for those who may soon require an extension but haven’t yet applied under the previous rule? Immigration attorney Leandro Carvalho, partner at Dell’Ome Law Firm, says, “They will need to file for an EAD renewal as soon as possible. If the new EAD is not issued in time, depending on the circumstances, they can try to submit an expedite request to USCIS. In any case, they will not be able to work without a valid EAD.”
As advocacy groups and immigration lawyers prepare for potential litigation, those affected are waiting anxiously. The outcome could shape how USCIS handles future policy rollouts — and whether advance notice becomes a legal requirement rather than an afterthought.