DHS Rule Ends Automatic Extension of Employment Authorization Documents

On October 29, 2025, the U.S. Department of Homeland Security (“DHS”) announced an Interim Final Rule to end the automatic extension of Employment Authorization Documents (“EAD”) for individuals who timely file renewal applications in certain categories for work authorization status in the United States. The Interim Final Rule will take effect on October 30, 2025, while DHS begins to solicit comments for the next 30 days and consider revisions for a Final Rule.

Historically, DHS provided for automatic extension (most recently up to 540 days) for certain eligible categories of EADs to prevent gaps in employment authorization for individuals with pending EAD renewal applications. With this new Interim Final Rule, individuals who file to renew their EAD on or after the October 30, 2025 effective date will no longer receive an automatic extension to their EAD—meaning such individuals would immediately lose employment authorization once the EAD expires. The Interim Final Rule will not impact the validity of EADs which were previously automatically extended prior to October 30, 2025 or which are otherwise automatically extended by law or Federal Register notice, such as those related to Temporary Protected Status.

At this time, the U.S. Citizenship and Immigration Services recommends that individuals seeking timely renewal of their EADs should file a renewal application up to 180 days before their EAD expires. In a public announcement, DHS stated “The longer an alien waits to file an EAD renewal application, the more likely it is that they may experience a temporary lapse in their employment authorization or documentation.”

Employers should continue to timely re-verify employee work authorizations in accordance with Form I-9 rules accounting for this new change that automatic extensions will no longer apply, increasing the likelihood that foreign nationals may have a lapse in their authorization while EAD renewals are pending.