On October 29, USCIS published an announcement, “DHS Ends Automatic Extension of Employment Authorization.” The announcement refers to the interim final rule published by the U.S. Department of Homeland Security (DHS) on October 30, 2025, “Removal of the Automatic Extension of Employment Authorization Documents.” This rule ends automatic extensions of work authorization while a timely-filed application for an Employment Authorization Document (EAD) is pending.
This rule goes into effect immediately. It is open for comments before a final rule is published.
Impact on students and scholars
If you have questions about your individual situation, please reach out to OISS.
October 29 or earlier
If you have a pending I-765 application with USCIS as of October 29, 2025, there is no impact.
October 30 or later
If you or a dependent (spouse or child) apply to extend your work authorization with USCIS through an EAD on or after October 30, 2025, your authorization doesn’t automatically extend while the application is pending. Your work authorization is tied specifically to the dates on your EAD card. Automatic extensions have been eliminated for those in specific categories. Scroll down and view “Categories Eligible for Automatic Extensions” on the USCIS website.
Students on Post-Completion OPT
If you are eligible for the STEM OPT Extension and wish to apply, OISS recommends that you apply 90 days before your current EAD card expires. This is the earliest you can apply to USCIS. You may also wish to consider applying with premium processing. Our understanding is that this interim file rule does not apply to STEM OPT applications. However, in order to reduce risk, it is best to apply as soon as possible.
Disclaimer Statement
The Office for International Students and Scholars (OISS) provides resources and content for general informational and educational purposes only. This information does not constitute legal advice. The information provided is subject to changes in the law. For specific legal questions or guidance, students and scholars are encouraged to seek personalized legal advice from a qualified attorney at their own discretion and expense.