Month: November 2025

Article: EAD Automatic Extensions Abruptly Ended

As published in the Immigration Daily on November 4, 2025

On October 30, 2025, USCIS announced through an interim final rule (IFR) in the Federal Register that as of that date, it would no longer allow the 540 day automatic extension of employment authorization renewal applications for any applications filed on or after October 30, 2025. https://www.federalregister.gov/documents/2025/10/30/2025-19702/removal-of-the-automatic-extension-of-employment-authorization-documents   Applications filed prior to October 30, 2025, will continue to receive the benefits of automatic extension. To avert breaks in employment, the agency recommends that applicants file renewal applications up to 180 days prior to the expiration date. https://www.uscis.gov/newsroom/news-releases/dhs-ends-automatic-extension-of-employment-authorization. The rule affects those in the following classes who would normally be allowed the 540 days if they filed timely extension requests in the same employment authorization category:

  • Aliens admitted as refugees (A03);
  • Aliens granted asylum (A05);
  • Aliens admitted as parents or dependent children of aliens granted permanent residence under section 101(a)(27)(I) of the INA,8 U.S.C. 1101(a)(27)(I) (A07); 
  • Aliens admitted to the United States as citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau pursuant to agreements between the United States and the former trust territories (A08); 
  • Aliens granted withholding of deportation or removal (A10);
  • Aliens granted TPS, if the employment authorization category on their current EAD is either A12 or C19 (A12);
  • Alien spouses of E-1/2/3 nonimmigrants (Treaty Trader/Investor/Australian Specialty Worker) (A17);
  • Alien spouses of L-1 nonimmigrants (Intracompany Transferees) (A18);
  • Aliens who have filed applications for asylum and withholding of deportation or removal (C08);
  • Aliens who have filed applications for adjustment of status to lawful permanent resident under section 245 of the INA,8 U.S.C. 1255 (C09); 
  • Aliens who have filed applications for suspension of deportation under section 244 of the INA (as it existed prior to April 1, 1997), cancellation of removal pursuant to section 240A of the INA, or special rule cancellation of removal under section 309(f)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (C10); 
  • Aliens who have filed applications for creation of record of lawful admission for permanent residence (C16);
  • Aliens who have filed applications for TPS and who have been deemed prima facie eligible for TPS under 8 CFR 244.10(a) and have received an EAD as a “temporary treatment benefit” under 8 CFR 244.10(e) and 12(c)(19) (C19);
  • Aliens who have filed legalization applications pursuant to section 210 of the INA,8 U.S.C. 1160 (C20);
  • Aliens who have filed legalization applications pursuant to section 245A of the INA,8 U.S.C. 1255a (C22); 
  • Aliens who have filed applications for adjustment of status pursuant to section 1104 of the Legal Immigration Family Equity Act (C24);
  • Certain alien spouses (H-4) of H-1B nonimmigrants with an unexpired Form I-94 showing H-4 nonimmigrant status (C26); and
  • Aliens who are the principal beneficiaries or derivative children of approved Violence Against Women Act (VAWA) self-petitioners, under the employment authorization category “(c)(31)” in the form instructions to the EAD application (C31).

The immediacy of the rule is shocking and definitely disadvantages those applicants with little time left who have not yet filed for one reason or another, e.g. waiting to see if their I-485 adjustment of status filings will soon be closed out or scheduled for interview or considering change to another status. Now they will have to scramble to file their applications or risk a gap in ability to work. For others, they should file as close to the 180 day mark as possible and hope to receive an adjudication before their time runs out.

Interested persons can and should give comments to the IFR. For example, they may discuss other actions that USCIS could have taken to lessen stated concerns of public safety and national security such as paring back the automatically extended time to 180 days or even 120 days, especially in light of USCIS inconsistency in adjudicating EAD extensions on a timely basis within 180 days. As per USCIS projected processing times, EAD renewals for asylum applicants are currently running 6.5 months; and although there is no breakdown between initial and renewal applications, I-485 adjustment EADs are running 3.5 months at the National Benefit Center (NBC), but seven months at Service Center Operations (SCOPS), and “All Other Applications” are 5 months with NBC but 10.5 months with SCOPS. https://egov.uscis.gov/processing-times/. It should also be remembered that USCIS many times exceeds the projected processing times, and inquiries usually bring back less than helpful responses. DHS gave short shrift to the idea of returning the 180 day automatic extension period, saying that it suffered the same flaws as the 540 day automatic extension, but there is a huge difference between 540 days versus 180 or even 120 days, and acceptance of an alternative would balance the concerns of public safety and national security with the expectation of US employers and applicants to have uninterrupted work if timely requests for extension are made. Comments are due by December 1, 2025, identified by DHS Docket No. “USCIS-2025-0271”, through the Federal e-Rulemaking Portal: http://www.regulations.gov.

 

Alan Lee, Esq. Q&As published on the World Journal Weekly on November 2, 2025：1. In applying for the green card, you should disclose all nationalities. 2. You should obtain another position in the same or similar occupation prior to the adjudication of your I-485 application. 3. After activating the Combo EAD card, you would technically have no status if your I-485 application is denied.

1. In applying for the green card, you should disclose all nationalities.

A reader asks:
I previously worked in Canada for a US company for a year, then came to the US as a Chinese national on L-1 status. I later became a Canadian citizen (but would like to retain my Chinese identity). My company is applying for a green card for me, but I have a few questions:

  1. Do I need to fill out the citizenship form on the green card application? Do I need to add that I’m a Canadian citizen? My US visa is for my Chinese passport, and currently only states “China.”
  2. If I truthfully state that I hold both Chinese and Canadian passports, can I apply for a green card using my Canadian passport? However, I’m a Chinese national in the US with L-1 status. If I disclose my Canadian status, will my Chinese L-1 status still be valid in the US?
  3. I’m working and living in the US with an L-1 visa (Chinese passport), but need to use my Canadian passport when returning to Canada. What should I do about round-trip travel between the US and Canada? Do they use their Chinese passport for entry and exit in the US, and their Canadian passport for entry and exit in Canada? However, sometimes flights check for valid visas when picking up their tickets. If I don’t have a Canadian visa or green card, can I just show my Canadian passport? However, the Canadian passport is not the same Chinese passport I used to purchase the ticket.
  4. Can I travel from the US to other Canadian visa-free countries using my Canadian passport without a visa? That way, there would be no exit record from my Chinese passport in the US on my return trip. Is this possible?
  5. Can I use only my Chinese passport to travel back to China from the US in the future?

Alan Lee Esq. answers:
While not claiming to know any immigration laws other than the US, it is my understanding is that China does not allow dual citizenship. It would appear that your questions concern  attempting to dance between passport presentations to one country or another. In applying for the green card, you should disclose all nationalities. The green card application is tied to your meeting the requirements for the green card, not to your passport. Revealing your Canadian citizenship should not affect your L-1 status as the L-1 depends upon your continuing to meet requirements of L-1 eligibility. On your questions 3-5 concerning which passport to use for entry and exit or to go to visa free countries or China, I cannot claim to know the answers as I am not aware of the immigration rules of Canada, visa free countries, or China. I would venture guesses that for Canada and visa waiver countries, you can use the Canadian passport although you should carry both and for China, it only recognizes one passport. Perhaps other legal counsel dealing in international law could answer your questions with more certainty, or you could contact consulates or embassies of the countries to which you wish to travel. Good luck.

2. You should obtain another position in the same or similar occupation prior to the adjudication of your I-485 application.

A reader asks:
I was currently an EB-3 applicant last year, and a major company filed an I-485. I had my fingerprints taken in September 2023 and received my combo card in mid-2024. I’ve been waiting about 450 days for my green card. In October 2024, I changed jobs to a Chinese company and applied for an H-1B transfer. I’m still on H-1B status. However, the new company hasn’t filed an I-485j yet. Your attorney must file it when you have a green card interview; don’t file it if you don’t have one. A week ago, I was unfortunately laid off and am now in the H-1B grace period. I have a combo card, so I’m not worried about legal stay in the US, but I’m concerned about green card approval. Will the company that laid me off not file an I-485j for me affect my I-485 approval? It’s my understanding that if I haven’t found a job after 60 days, my combo card will automatically be used to maintain my US status. Does that mean I don’t have to worry about being unemployed after 60 days? I just need to make sure my next company files an I-485j for me during the green card interview.

Alan Lee Esq. answers:
As you have maintained status at all times and are now in the H-1B grace period, your status is still good to file for a further H-1B with another employer at this time or to continue employment on your combo card assuming that it is not expired or expiring. In your situation, you do not have to worry about the fact that your last employment did not file for job porting under I-485J. You should ensure, however, that you obtain another position in the same or similar occupation prior to the adjudication of your I-485 application. You should not depend upon waiting until you receive a notice of interview as USCIS may make a decision on your employment-based case without giving you an interview.

3. After activating the Combo EAD card, you would technically have no status if your I-485 application is denied.

A reader asks:
After activating the Combo EAD card and starting to use it for work, if my I-485 is later rejected, can I still switch back to H-1B? I know this question has been asked many times, but the answers seem to vary. How do I do this specifically?

Alan Lee Esq. answers:
If relying upon only the combo card, you would technically have no status if your I-485 application is denied. In order for you to obtain H-1B status again, you would have to leave the US after H-1B approval (prior to 180 days of unlawful presence after the denial) and reenter the country under H-1B status. H-1B is a dual intent visa, and so the fact that you have applied for the I485 previously should not factor into the question of admissibility. What may be considered are that the I-485 was denied and the reason(s) behind the denial.