The Department of Homeland Security has announced that, effective October 30, 2025, the maximum 540 day automatic extensions of Employment Authorization Documents (EADs) will be eliminated. The changes will impact a number of EAD categories, including H-4 dependent spouses. These individuals will no longer be able to continue working after their EAD expires, while a timely renewal is pending. The announcement was made without a prior notice and comment period and as a consequence may face legal challenge.
The Interim Final Rule (IFR) states: “The purpose of this change is to prioritize the proper vetting and screening of aliens before granting a new period of employment authorization and/or a new EAD.” And that: “It is also consistent with E.O. 14161, ‘Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats.’”
Impact
This change could result in work disruptions for H-4 spouses and could have potential staffing and compliance impacts for employers. Employers may wish to identify employees who rely on H-4 EADs and encourage renewal filings up to 180 days in advance.
L and E dependent spouses are not expected to face work interruptions because they are considered work-authorized incident to status, although employees and employers should ensure proper documentation for I-9 purposes.
Permits Foundation’s response
Permits Foundation is very concerned about the impact on H-4 spouses. Before the automatic 540 day extension was actioned in 2022, many spouses experienced job loss or interruption. In some service centers, EAD processing stretched far beyond 6 months. This meant that H-4 EAD renewals were not approved in time, resulting in loss of income, stress and uncertainty for families as well as disruptions to workflows for employers. Women were disproportionately impacted (over 80% of H-4 EAD holders are women). The H-4 cohort is already thoroughly vetted. Permits Foundation suggests that it should be possible to enable streamlined work authorization processing while also ensuring the necessary scrutiny for public safety.
USCIS is offering a comment period post announcement and until 1 December. Permits Foundation will be reaching out to our network over the interim weeks before submitting feedback.