Can I Work on My Asylum EAD During USCIS Vetting Review?

Asylum seekers with work permits need to watch one date more than any other: October 30, 2025. From that day forward, the rules for EAD renewal (Employment Authorization Document renewal) change in a sharp way that directly affects whether you can keep working while your new card is pending.

Under earlier policy, many asylum applicants who filed to renew their EADs before the old card expired received an automatic 540‑day extension of work authorization. That safety net allowed them to keep their jobs, even when U.S. Citizenship and Immigration Services (USCIS) took many months to process the renewal.

On October 30, 2025, the U.S. Department of Homeland Security (DHS) put an Interim Final Rule into effect that ended this automatic 540-day extension for asylum seekers and some other categories. From that date on, whether you can keep working depends almost entirely on when you filed your renewal application compared with October 30, 2025.

VisaVerge.com reports that this shift is already causing deep concern among asylum applicants who rely on steady work to pay rent, support family, and maintain basic stability in the 🇺🇸.

Who is protected by the older rule (filed before October 30, 2025)

If you filed your EAD renewal before October 30, 2025, the older, more flexible rule still protects you, as long as you filed before your current card expired.

Under that earlier framework:

• You can continue working on your current EAD while your renewal is pending.
• If you filed your renewal before your card expired and before October 30, 2025, you remain eligible for the automatic 540‑day extension.
• This automatic extension lets you work lawfully even after the original expiration date on the card has passed, while USCIS finishes processing your renewal.

In practice, this means many asylum applicants who filed on time before October 30, 2025 can avoid gaps in employment even if USCIS takes many months to decide the case. The date you sent in that EAD renewal package now marks a dividing line between two very different systems.

According to analysis by VisaVerge.com, this “grandfathered” group may enjoy far more stability than those whose renewals fall under the post–October 30, 2025 rules.

What happens if you filed on or after October 30, 2025

The picture looks very different if you file your EAD renewal on or after October 30, 2025.

Under the Interim Final Rule that DHS implemented on that day:

• You cannot keep working after your current EAD expires, even if your renewal is properly filed and pending.
• The automatic 540‑day extension no longer applies to asylum seekers and certain other categories when the renewal is filed on or after October 30, 2025.
• Your work authorization ends on the exact date printed on your current EAD card, unless USCIS has already approved your renewal and issued a new card.

This means that filing a renewal on or after October 30, 2025 offers no automatic protection against a work stoppage. Once your current card expires, your legal right to work stops until USCIS finishes reviewing your renewal and sends you a new EAD.

USCIS has made clear that this is not a soft or flexible deadline. If your employer keeps you on payroll past the printed expiration date without a new card in hand, both you and the company may be at risk, because your work authorization is no longer valid.

Readers can review official DHS and USCIS policy material on the U.S. Citizenship and Immigration Services website for the broader regulatory background.

Quick comparison: Before vs. After October 30, 2025

Important: The filing date of your renewal application is now a decisive factor in whether you get the older protection.

Practical impact: risk of long employment gaps

The change creates a very real problem for asylum seekers whose EADs expire after October 30, 2025 and who file renewals under the new rule.

If your EAD renewal is still pending when your card expires, and you filed after October 30, 2025, you will:

• Lose work authorization on the expiration date printed on your current card.
• Be unable to accept or resume employment until USCIS approves the renewal and issues a new EAD.
• Face a potential employment gap that can sometimes last over a year, given known USCIS processing delays.

For many asylum seekers, a gap of several months, or even “over a year,” is not just an inconvenience. It can mean:

• Losing a job and employer-provided health insurance
• Falling behind on rent and bills
• Increased pressure to accept informal or off-the-books work, which carries its own legal risks
• Stress and uncertainty for family members who depend on that income

VisaVerge.com notes that these gaps can also hurt employers who have invested time in training workers and now must pause or end employment while waiting on USCIS decisions.

DHS and USCIS rationale for ending the 540‑day automatic extension

DHS and USCIS justify the rule change by pointing to vetting and security concerns.

According to the agency, automatic extensions had been granted “without the completion of appropriate vetting and screening,” even though asylum applicants had been screened when they first received an EAD. USCIS stated that delays in finishing full vetting “could impede DHS from timely identifying derogatory information or other concerns that may have arisen since the adjudication of the initial EAD.”

In plain terms, DHS is arguing that:

• People may face new criminal, security, or immigration issues after their first EAD is approved.
• If the system automatically extends work authorization for up to 540 days while these new checks are still pending, the government may not catch fresh problems early enough.
• Ending the automatic 540‑day extension allows DHS to make sure all vetting and screening is complete before giving more time to work.

Advocates for asylum seekers accept the need for security checks but warn that this rule places the whole burden on applicants and their families by removing the work safety net while vetting continues.

Planning ahead to reduce work gaps

Given these rules, careful planning around EAD renewal timing becomes essential for asylum seekers.

USCIS guidance and the source material emphasize:

• File your EAD renewal application as early as possible.
• USCIS recommends filing up to 180 days before the current EAD expires.

Notes on timing and expectations:

• Filing early does not restore the automatic 540‑day extension for anyone who files on or after October 30, 2025.
• For those covered by the older rule, an early filing before October 30, 2025 helped lock in that protection.
• For those under the new system, filing early at least gives USCIS more time to process the case before the current card expires, which may reduce the length of any forced break from work.

Practical checklist for asylum seekers, employers, and attorneys

1. Verify the printed expiration date on the current EAD.
2. Note the filing date when submitting the renewal — that date is now critical.
3. File up to 180 days before expiration to give USCIS the maximum processing window.
4. Track processing times on the USCIS website and maintain documentation of filing.
5. Plan finances and employer communications in case a gap occurs.
6. Consult counsel if unsure about category-specific rules or exceptions.

Close attention to card expiration dates, renewal filing dates, and processing times will be central to keeping work and income as steady as possible while cases move through the U.S. immigration system.