The Trump administration published an interim final rule (IFR) on October 30, 2025 that eliminates the automatic extension of timely-filed work authorization applications. This rule revises 8 CFR 274a.13(d) and adds a new provision at 8 CFR 27a.13(e) to reduce the automatic 540-day work permit extension to 0 days effective October 30, 2025. The rule will not affect automatic extensions filed before October 30, 2025.
Impacted Work Authorization Categories
The following categories of work authorization will no longer have access to the 540-day automatic extension:
Source: American Immigration Lawyers Association
What this means for employers and applicants
Processing times for certain categories of employment authorization applications are near or over 6 months. Given the administration’s ongoing goal to cut government personnel and increase enforcement operations, these processing times will only increase. Without access to this automatic extension, employers will be forced to fire their trained employees due to bureaucratic delays.
NOTE: The rule should not impact the 180-day automatic extension for individuals applying for STEM OPT, as this automatic extension is authorized under the separate regulation of 8 CFR 274a.12(b)(6)(iv). Moreover, USCIS has previously confirmed that the 8 CFR 274a.13(d) automatic extension provision does not apply to the STEM OPT auto extension.
We are here to help
If you would like assistance assessing how this may affect your immigration matters – including filing strategies, compliance planning, or addressing urgent deadlines – please contact the KLF immigration professional with whom your normally work or call us on our main line at (212) 495-9245 or email us at info@klugfirm.com.
Disclaimer: This Client Alert is for general information purpose only; it does not constitute legal advice. Actual application of laws and policies may vary based on your specific facts.