DHS Ends Automatic Extensions for EADs

By Kayla E. Snider - Skoler Abbott P.C.

November 4, 2025

On October 30, 2025, the U.S. Department of Homeland Security (DHS) implemented a significant policy shift that directly impacts workforce planning and compliance for employers across the country.  DHS published an Interim Final Rule (the “New Rule”) that officially ended the practice of automatically extending Employment Authorization Documents (EADs) for certain renewal applicants—a move that could lead to employment disruptions if not proactively managed. 

What Changed?

Previously, eligible foreign nationals who filed timely EAD renewal applications could receive automatic extensions of their work authorization for up to 540 days while their applications were pending.  This policy was designed to mitigate the impact of USCIS processing delays.

Under the New Rule, effective October 30, 2025, automatic extensions are no longer granted for renewal applications filed on or after this date.  This means there will be no automatic extension of employment authorization for EAD renewals filed on or after October 30, 2025.  However, the New Rule does not affect:

• Renewals filed before October 30, 2025 – As long as the EAD renewal application was timely filed before the New Rule went into effect, those individuals will remain eligible for the full 540-day automatic EAD extension. 
• Temporary Protected Status (“TPS”) Beneficiaries – Individuals with TPS may still be granted extensions, in accordance with Federal Register notices and applicable law.
• STEM OPT Extensions – Individuals who timely file a STEM OPT extension are eligible for a 180-day automatic EAD extension.

Why the Change?

In a United States Citizenship and Immigration Services (“USCIS”) press release on October 19, 2025, USCIS Director, Joseph Edlow, says that the motivation behind the New Rule is to place “a renewed emphasis on robust alien screening and vetting, eliminating policies the former administration implemented that prioritized aliens’ convenience ahead of Americans’ safety and security.”  USCIS states that ending the automatic extension of EADs will result in “more frequent vetting of aliens who apply for employment authorization to work in the United States.”  The New Rule is meant to serve as a deterrent to fraud and to aid in the detection of individuals “with potentially harmful intent so they can be processed for removal from the United States.” 

While DHS and USCIS cite national security concerns, it is important to remember that these extensions were originally implemented to prevent workforce disruptions caused by USCIS processing delays.  Adjudication timelines fluctuate depending on the underlying immigration category, which can create uncertainty for employers who rely on individuals with EADs.  Expanding the automatic extension period to 540 days minimized lapses in employment authorization and served as a safeguard for the U.S. economy.  

Although the New Rule includes assurances about maintaining timely processing, the elimination of streamlined, rules-based extensions may result in more complex and slower renewal procedures—placing additional strain on both employers and employees.

Who Is Affected?

The New Rule impacts nearly all immigration categories that were previously eligible for automatic extensions, including:

• Adjustment of status applicants (C09)
• Asylum applicants and recipients (C08, A05)
• Refugees (A03)
• Dependent spouses of E, L, and H-1B visa holders (A17, A18, C26)
• VAWA self-petitioners (C31)
• Applicants for cancellation, suspension, legalization, or special programs (C10, C16, C20, C22, C24)

If USCIS processing delays persist, these groups will face the risk of gaps in employment authorization and temporary work interruptions.

Implications for Employers

Employers must now prepare for potential gaps in work authorization.  If an employee’s EAD expires and their renewal is still pending, they must cease employment until a new EAD is issued.  This could lead to loss of talent and productivity, legal risks for unauthorized employment, and an increased administrative burden for HR teams.  

To ensure that your organization stays compliant and to attempt to minimize disruption, employers should:

1. Audit your workforce – Identify employees with EADs expiring in the next 6–12 months
2. Encourage early renewals – Reach out to employees with EADs expiring within the next year and encourage them to file their renewals as soon as possible.  In their press release, USCIS recommends filing up to 180 days before expiration.
3. Update I-9 procedures – Ensure HR teams are trained on the new rules and are aware of the reverification requirements they will have to comply with for employees who renew their EADs.
4. Communicate proactively – Inform affected employees and offer support navigating the renewal process.

If you or your organization have any questions about current employment-based immigration regulations or EADs, consider contacting experienced employment-based immigration counsel.

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