DOL Resumes Processing of Applications & DHS Ends Auto-Extension of EADs

Written By Susan Im

DOL Resumes Application Processing 

On 10/31/25, the Department of Labor (DOL) announced that its Office of Foreign Labor Certification (OFLC) has resumed application processing, including Prevailing Wage Requests (PWRs), PERM applications, and Labor Condition Applications (LCAs). The agency included a forewarning of potentially increased processing and response times while OFLC becomes fully operational again.
 
Employers can now move forward with H-1B and PERM application filings.  Reach out to ImLaw with any questions or requests: Contact ImLaw in Grand Rapids, MI • Imlaw
 
Read more here:
 
The Department of Labor Announces that the Office of Foreign Labor Certification has Resumed Application Processing | Flag.dol.gov
 
Labor Department Brings Back 250 More Employees in Shutdown (1)

New DHS Rule Ends Automatic Extension of Employment Authorization Documents

Without any notice, the Department of Homeland Security (DHS) announced a new interim final rule that ends the 540-day automatic extension of employment authorization documents (EADs) for most individuals. The rule applies to individuals who file certain types of EAD renewal applications on or after 10/30/25. 
 
The new rule affects certain categories of individuals including the following:

  • Pending I-485 C9 adjustment of status applicants  

  • Spouses of E-1/E-2/E-3, L-1, and H-1B principal workers  

  • Pending asylum applicants  

  • Pending withholding of deportation or removal applicants  

  • Pending cancellation of removal applicants  

  • Approved VAWA self-petitioners or their derivative children

The new rule does not affect:

  • Individuals who filed an I-765 EAD application renewal before 10/30/25

  • Individuals who already received the 540-day automatic extension of their EAD (i.e., currently on the 540-day extension)

  • Individuals protected by automatic extensions otherwise provided by law or through an applicable Federal Register notice for extending the validity of TPS-related employment documentation

While EADs can be filed up to 180 days in advance of expiration, I-765 EAD processing times remain lengthy and unpredictable, which may cause some individuals to experience a problematic gap in their authorization to work. As always, contact ImLaw with questions and concerns. We are happy to review, analyze, and strategize with clients on potential solutions and best practices.
 
Read more here:

USCIS's Announcement: https://www.uscis.gov/newsroom/news-releases/dhs-ends-automatic-extension-of-employment-authorization
New Rule: https://www.federalregister.gov/documents/2025/10/30/2025-19702/removal-of-the-automatic-extension-of-employment-authorization-documents

Susan Im
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