New DHS Rule Ends Automatic EAD Extensions

Effective October 30, 2025, the Department of Homeland Security announced an interim final rule ending its practice of automatically extending employment authorization documents (EADs). According to DHS, the change stems from the Department’s prioritization of the “proper screening and vetting of aliens before extending the validity of their employment authorizations.”

Prior to this rule, DHS would automatically extend the employment authorization document for foreign nationals who renewed their I-765 Employment Authorization Document before its expiry date for up to 540 days while the EAD application was pending. Now, foreign nationals’ EADs will likely expire while they wait for the adjudication of the new one. EAD holders can apply for a new one up to 180 days before its expiry. Unfortunately, however, sometimes the adjudication of a new EAD can take longer than these six months. Therefore, EAD card holders may be left without valid legal employment authorization for weeks or months while they await the adjudication of its renewal applications.

This change affects a majority of applicants for immigrant and nonimmigrant visas who have filed for the renewal of a I-765 Employment Authorization Document set to expire. This includes but is not limited to the following categories: parolees, adjustment of status applicants, asylum applicants, refugees, applicants for NACARA or cancellation of removal, spouses of H-1B status holders, Violence Against Women Act (VAWA) self-petitioners and their children, and Temporary Protected Status (TPS) holders, unless a Federal Register notice provides for automatic extension of EADs. The above is a nonexhaustive list. Individuals holding EADs in other categories should consult with an immigration attorney regarding their personal situation.

This change has immediate implications for employees and employers managing work authorization compliance and workforce planning. The rule was announced with little advance notice, leaving individuals with limited time to prepare for the potential disruptions this policy may cause in maintaining legal work authorization for individuals.

For foreign nationals affected by this rule, it is important to consider their options that can help address this change. EAD holders should make all efforts to apply for the renewal of their EADs as soon as possible — meaning 180 days prior to its expiration date. Applicants should also monitor processing times for their EAD category with USCIS. Alternatively, foreign nationals should see an immigration attorney assessing if they may qualify for alternative immigration benefits, which may allow them to apply for a new EAD.

It is important to note that this interim final rule does not affect EADs automatically extended before Oct. 30, 2025. It also does not affect the automatic EAD extensions provided by a specific law or Federal Register notice, including TPS beneficiaries, where extensions may still be granted via Federal Register notices. It also does not affect STEM OPT extensions, which were never eligible for the 540-day automatic extension period under 8 CFR 274a.13(d). Instead, timely filed STEM OPT extension applications will automatically extend employment authorization documents for 180 days. Finally, spouses of L and E visa holders are authorized to work in the United States “incident to status” and do not require an EAD, so even if they choose to obtain an EAD, they would be able to continue to work even after the expiration of that EAD as long as their spousal visa status remains valid.

It is likely that there may be legal challenges to this rule, so foreign nationals should keep apprised of any news and communicate with their immigration attorney for any changes in rules regarding the validity of their EADs.