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Opinion

USCIS ends automatic EAD extensions

US IMMIGRATION NOTES - Marco Tomakin - The Freeman

In the era of Trump, we have been conditioned, either directly or subliminally, on his policies and actions that appear to be outrageous, uncommon and even downright shocking to common sense. In immigration alone, his hardline stance in enforcement has been the source of condemnation, not just from those who hate him but even from those who are selectively tolerant.

This week, we experienced what has to be one of the most inhumane actions so far from the Trump administration when it suddenly announced an interim rule ending the practice of automatically extending Employment Authorization Documents for aliens filing renewal applications in certain employment authorization categories. In justifying this move, the US Department of Homeland Security, reasons out that this new rule is needed to be implemented in order to secure the safety and security of the American people by the proper screening and vetting of aliens before extending the validity of their employment authorizations.

Thus, those who file to renew their EAD on or after Oct. 30, 2025, will no longer receive an automatic extension of their EAD, save for some limited exceptions. Prior to this rule, the automatic extension of the EAD would have been a stopgap measure in the event that the EAD application has not been adjudicated, which ensures the applicant can continue his employment without fear of being laid off from work because of an expired EAD. As a matter of recommendation, USCIS advises that a renewal application must be filed up to 180 days before the EAD expires and not to incur any delay once you are eligible to file.

If you feel that you are in one of the classes of immigrants that are affected by this life-changing policy, make sure you talk to your immigration attorney so that you would be guided on what steps to take.

It must be noted that USCIS only released its notice on October 29 and announced that this rule is effective on October 30. There was no time allotted for public comments and that, strangely, it is not giving sufficient time well in advance for the rule to be implemented. With this haste and just the sheer and unfathomable effect of this rule to the livelihood of the affected immigrants and even to their employers and business owners, this rule will surely be challenged before the courts.

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In another development, the USCIS also implemented a new rule, starting in October 28, 2025, that it will only accept electronic payments for paper-filed forms. Payments may be made either via credit card or debit card using Form G-1450, Authorization for Credit Card Transactions, or ACH debit transactions from a U.S. bank account using Form G-1650, Authorization for ACH transactions. It will no longer accept checks or money orders for payment of USCIS fees, except in limited circumstances.

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