October 29, 2025
The U.S. Department of Homeland Security (DHS) will issue an Interim Final Rule (IFR) that will suddenly end the practice of automatically extending Employment Authorization Documents (EADs) for most individuals who file renewal applications.
The rule will be formally published on October 30, 2025, and will take effect immediately upon publication.
Summary of the Change
Beginning October 30, 2025, individuals who file Form I-765 to renew their EADs will no longer receive an automatic extension of employment authorization, unless such an extension is expressly granted by law or through a Federal Register notice (for example, certain Temporary Protected Status (TPS) beneficiaries).
DHS has issued the rule without the usual notice-and-comment process, invoking the “good cause” exception under the Administrative Procedure Act. The agency cites national security and vetting concerns as justification for the immediate implementation. It is likely that lawsuits challenging the basis for this sudden change may be filed in the next few days.
A 30-day public comment period will follow publication. Comments may be submitted electronically through the Federal e-Rulemaking Portal at www.regulations.gov
What’s Changing
- Automatic extensions of up to 540 days, which were previously available for timely-filed EAD renewal applications, will no longer apply to filings made on or after October 30, 2025.
- DHS has created a new regulation (8 C.F.R. § 274a.13(e)) to codify the termination of automatic extensions.
- Existing automatic extensions granted before October 30, 2025, or those established by law or Federal Register notice (such as certain TPS-related extensions), will remain valid.
This rule effectively requires approval of each renewal before continued employment authorization is granted.
Who Is Affected
This change impacts a broad range of noncitizens who rely on EADs for work authorization, including:
- Adjustment of Status applicants (C09)
- Asylum applicants (C08)
- TPS beneficiaries (A12/C19)
- Dependent spouses of E, L, and H visa holders (A17, A18, C26)
- VAWA self-petitioners (C31)
- Applicants for cancellation or withholding of removal (A10, C10)
Not Affected
- E/L-2S spouses with work authorization incident to status may continue working so long as they maintain valid I-94 documentation reflecting the appropriate classification (e.g., “L-2S”).
- F-1 STEM OPT 180-day automatic extensions, provided under a separate regulation (8 C.F.R. § 274a.12(b)(6)(iv)), remain unaffected.
- TPS-based EAD extensions granted through Federal Register notices continue to apply as provided.
Impact on Employers and Employees
With the elimination of the automatic 540-day extension:
- Employees who file EAD renewals on or after October 30, 2025 will lose work authorization on the expiration date of their current EAD, unless a new EAD has been approved.
- Employers must reverify work authorization at EAD expiration and may not rely on an expired EAD or I-797C receipt notice as proof of continued employment authorization.
- DHS indicates the policy is designed to enhance national security, prevent misuse of benefits, and ensure employment eligibility verification based on valid documentation.
Given current USCIS processing times often exceed 10 to 12 months for certain categories, work interruptions are likely unless renewal filings are approved before the existing EAD expires.
Recommended Actions
For Employers
- Identify affected employees whose EADs expire within the next 6–9 months.
- Encourage early renewal filings. USCIS accepts filings up to 180 days before expiration.
- Update Form I-9 procedures to remove reliance on expired EADs and receipt notices for renewals filed on or after October 30.
- Prepare contingency plans for potential employment gaps.
- Communicate proactively with immigration counsel and HR teams to mitigate workforce impact.
For Employees
- E-File renewal applications today (before October 30, 2025), to retain the 540-day extension protection. Electronic filing is only available for eligible categories (e.g., A12, C8, C9, C11, C19, C33) to ensure submission before the deadline.
- Track receipt notices carefully. Those dated October 30, 2025, or later will not extend work authorization.
Additional Guidance
This development represents a significant shift in employment authorization policy and is expected to affect thousands of employees and employers across multiple visa categories.
Goel & Anderson recommends that employers and employees act immediately to ensure EAD renewal filings are submitted before October 30, 2025, and to review I-9 compliance practices in light of the new rule.
Our attorneys are monitoring developments closely and will provide updates as DHS releases additional implementation guidance. For assistance with case-specific strategies or workforce impact assessments, please contact your Goel & Anderson attorney or email info@goellaw.com.
