On October 14, DHS finalized, without any changes, its October 2025 interim rule ending automatic extensions of employment authorization documents (91 FR 65306). It took effect the same day.

What the rule does:

For H-4 spouses, adjustment applicants, asylum applicants, and others in covered categories, an EAD renewal filed on or after October 30, 2025 no longer carries up to 540 days of continued work authorization. If the new card has not arrived when the old one expires, the spouse must stop working. Renewals filed before October 30, 2025 keep the old extension.

What the courts have done:

In Doe v. DHS (C.D. Cal.), the court granted preliminary relief in September to seven named H-4 plaintiffs, finding that DHS had not justified skipping notice and comment. That relief covers those seven people only. A separate challenge in D.D.C. was dismissed after USCIS processed the plaintiff's renewal.

The final rule changes the terrain. Notice and comment has now occurred, so the strongest procedural argument is weaker going forward. Whether spouses whose work authorization lapsed between October 30, 2025 and October 14, 2026 still have a claim for that period is an open question. Watch whether the Doe plaintiffs amend.

On the horizon: DHS's regulatory agenda lists a rule to remove H-4 spouses from EAD eligibility altogether. It is a long-term item, and no proposed rule has been published.

What families and employers can do now:

• File H-4 EAD renewals as early as allowed (USCIS generally accepts them up to 180 days before expiration), and file them with the H-1B extension when timing allows.

  
  

• Calendar EAD expiration dates and complete Form I-9 Supplement B reverification by each one. For renewals filed on or after October 30, 2025, a receipt notice does not extend work authorization.

  
  

• Plan for a possible gap in employment, and talk with the spouse's employer early.
  If a renewal stalls well beyond normal processing times, a federal suit to compel a decision is an option. A court can order USCIS to decide, not to approve, and many cases end once USCIS acts.

***Disclaimer: This post is for general informational purposes and does not constitute legal advice. Every case is fact specific. Please contact our office to discuss how this decision may affect your individual situation.***