DHS Eliminates Automatic Extension Of Work Authorization

November 5, 2025

What's New

USCIS issued an interim final rule on October 29 that ends the automatic extension of Employment Authorization Documents (EADs) for renewal applications, effective for any renewals filed on or after October 30, 2025. Previously, employees in specified employment authorization categories could continue working for up to 540 days while renewals were pending. Under the new rule, employees cannot work after their EAD expires unless USCIS approves the renewal and issues a new card. Limited exceptions remain for extensions required by law or announced for Temporary Protected Status (TPS).

What It Means

Employers can no longer rely on EAD renewal receipt notices for work authorization as of October 30. This change could significantly impact Form I-9 compliance and workforce continuity. Employees with pending renewals will face work gaps unless renewal requests are approved before their EADs expire. USCIS advises filing renewals up to 180 days in advance, but current processing delays create risks of employees losing work authorization without any real recourse for employers. The interim final rule does not affect EADs automatically extended before Oct. 30, 2025.

What You Should Do

Employers should review the documents of all EAD holders and identify those with upcoming expirations. Communicate the rule change to affected employees and encourage them to file renewal applications as early as possible. Employers should also update their Form I-9 procedures to remove reliance on automatic extensions for renewals filed after October 30. Finally, for critical roles held by employees with discretionary EADs, employers should consider contingency plans such as cross-training or temporary staffing to minimize resulting workforce disruptions.

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