DHS Issues Interim Final Rule on Removal of the Automatic Extension of Employment Authorization Documents

At a Glance

• Employers should take steps to immediately identify any employees whose current EAD is expiring in the next six months and beyond. These employees will no longer be eligible for automatic extension of their work authorization based on timely filing of a renewal application.
• Employees who hold EAD cards should be encouraged to submit their renewal applications as early as permitted (in most cases, this can be done up to 180 days before the expiration date of the EAD card).

On October 29, 2025, the Department of Homeland Security (DHS) issued an interim final rule (IFR) cancelling the automatic extension of Employment Authorization Documents (EADs). This rule is set to go into effect on October 30, 2025. Foreign nationals who file to renew their EADs on or after October 30, 2025, will no longer receive automatic extensions of their work authorization.

Background

Under current regulations, when a foreign national timely files to renew their EAD and meets the eligibility criteria, their work authorization may be automatically extended beyond the EAD expiration date printed on the card while the application is pending¹, for up to 540 days. With this IFR, DHS seeks to end automatic extensions of EADs, citing national security and a need to prioritize the proper screening and vetting of foreign nationals before extending the validity of their employment authorizations.

What Is Changing?

• Previously, a foreign national who timely filed an application to renew their EAD under certain employment authorization categories was eligible for an automatic extension of their work authorization for up to 540 days if (i) their application was timely filed and (ii) the employment authorization category they were filing under was the same as the one on the expiring EAD.
• This IFR amends DHS regulations to end the automatic extension of EADs.
• Automatic extensions already granted to renewal EAD applicants are not affected if the renewal request was filed before October 30, 2025.
• Automatic extensions that are otherwise provided by law or in an applicable Federal Register notice regarding procedures for extending the validity of EADs related to Temporary Protected Status (TPS) pursuant to section 244 of the Immigration and Nationality Act (INA), 8 U.S.C. 1254a, and 8 C.F.R part 244² are not impacted.
• DHS will conduct complete and thorough vetting of applicants for renewal EADs, including resolution of any derogatory information identified during the vetting process.
• Any Form I-797C notice of action issued by U.S. Citizenship and Immigration Services (USCIS) will no longer contain language regarding automatic extensions of EADs. Instead, it will clearly indicate that the notice is not evidence of employment authorization and cannot be used with an expired EAD as proof of employment authorization.
• I-9 Central on the USCIS website and the Handbook for Employers M-274 will be updated to provide employees and employers with specific guidance on completing and reverifying Form I-9.

Employer Considerations

Employers should take steps to immediately identify any employees whose current EAD is expiring in the next six months and beyond. These employees will no longer be eligible for automatic extension of their work authorization based on timely filing of a renewal application. Their work authorization will terminate on the expiration date of their EAD, and they will not be authorized to work until they receive their new EAD card (or until they obtain a different basis for work authorization).

Employers should update their internal I-9 policies to reflect that an expired EAD in conjunction with a receipt notice for a renewal application filed on or after October 30, 2025, will no longer serve as evidence of valid work authorization. Employees who hold EAD cards should be encouraged to submit their renewal applications as early as permitted (in most cases, this can be done up to 180 days before the expiration date of the EAD card).

For More Information

For further information, please contact the authors. For relevant immigration-related information through 2025, register for Faegre Drinker’s immigration and global mobility practice’s Business Immigration Webinar Series: Compliance & Hiring Strategies for 2025.