The US Department of Homeland Security (DHS) has issued an interim final rule (IFR) that ends the practice of automatically extending Employment Authorization Documents (EADs) for most renewal applicants. The IFR is to be published tomorrow, October 30, 2025.
Effective immediately, individuals who file Form I-765 to renew their EADs on or after October 30, 2025, will no longer receive an automatic extension of their employment authorization unless otherwise provided by law or through a Federal Register notice (e.g., for Temporary Protected Status (TPS) beneficiaries).
- Immediate Effect: DHS has foregone the ordinary notice-and-comment process; this rule will be effective on October 30, 2025, based on “good cause,” citing national security concerns.
- Comments: There will be a 30-day comment period from the date of publication in the Federal Register for DHS to consider public feedback. Comments may be submitted on the entirety of this IFR, identified by DHS Docket No. USCIS-2025-0271, through the Federal e-Rulemaking Portal: http://www.regulations.gov.
What’s Changing?
- Automatic extensions of up to 540 days will no longer apply to renewal applications filed on or after October 30, 2025.
- DHS has added a new provision at 8 CFR 274a.13(e) to codify this change.
- The rule does not affect EADs automatically extended before October 30, 2025, or those extended by law or TPS-related notices.
Impacts to Individuals
- The 540-day extension primarily applied to H-4 EAD and AOS applicants, and this rule will apply to them.
- An L-2S dependent spouse has work authorization incident to status (so long as their L-2S I-94 is valid, they can lawfully be employed in the US). This rule change will not impact their work authorization. If the L-2S spouse applied for an EAD card renewal, the L-2S spouse will not benefit from the automatic extension per the new rule.
- It would appear that the F-1 STEM 180-day auto-extension for timely filing is also not affected, as it is granted under a separate regulation, 8 CFR 247a.12(b)(6)(iv), which doesn’t appear to change with this final rule.
Automatic extensions may still apply to:
- TPS-related EADs
- Extensions provided by law or Federal Register notices
Why This Matters
USCIS will now require full adjudication of renewal applications before granting continued work authorization, including background checks and discretionary review.
DHS states that ending automatic extensions will:
- Enhance national security and public safety by ensuring proper vetting before employment authorization is renewed.
- Prevent fraud and misuse of immigration benefits.
- Ensure employers only hire individuals with verified, current work authorization.
Based on current processing times, it is possible that affected individuals may lose work authorization as a result of this change.
Employer & Applicant Guidance
- No changes to Form I-9 requirements, but employers must reverify employment authorization without relying on expired EADs and receipt notices.
- USCIS recommends filing renewal applications up to 180 days before EAD expiration to avoid lapses in work authorization. Still, even if applicants apply at the 180-day period before their EAD expires, gaps in work authorization are still possible with current USCIS processing times. A standalone H-4 EAD application has a posted processing time of 12 months.
- Notices of Action (Form I-797C) with a receipt date on or after October 30, 2025, will no longer serve as evidence of employment authorization for affected individuals.
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.