What’s Happening
On October 29, 2025, USCIS announced that it would be publishing an Interim Final Rule (IFR) ending the automatic extension of Employment Authorization Documents (EADs) for certain renewal applicants. This change significantly alters how long employees can continue working while awaiting their new EAD cards and increases the risk of lapses in employment authorization due to protracted USCIS processing times.
The IFR is set to be published in the Federal Register on October 30, 2025, with immediate effect.
What You Need to Know
Under the new rule, USCIS will no longer automatically extend an EAD or underlying work authorization simply because a renewal application was timely filed prior to the expiration of the applicant’s current EAD.
Before this rule, certain applicants could continue working for a period of time (sometimes up to 540 days) after their EAD expired while their renewal was pending. Now, that automatic extension is eliminated for any renewal application filed on or after the rule’s effective date.
Under the new rule, if an EAD renewal remains pending beyond the expiration date on the applicant’s current EAD card, the applicant’s employment authorization will lapse the day after their current EAD expires until their renewal application is approved and their new EAD is issued. For example, if an individual’s EAD expires on December 15, 2025, they must stop working the next day unless their renewal has already been approved or they have another valid basis for work authorization.
Who Is Affected
This rule impacts nearly all categories that previously qualified for automatic extensions, including:
Adjustment of status applicants (C09)
Asylum applicants and recipients (C08, A05)
Refugees (A03)
Temporary Protected Status (TPS) beneficiaries (A12/C19)
Dependent spouses of E, L, and H-1B visa holders (A17, A18, C26)*
VAWA self-petitioners (C31)
Applicants for cancellation, suspension, legalization, or special programs (C10, C16, C20, C22, C24)
*Note that these categories were previously only eligible for automatic EAD extensions for the duration of the underlying I-94 governing the L-2S, E-2S, E-3S, or H-4 status.
If USCIS processing delays persist, these groups will now face the risk of gaps in employment authorization and temporary work interruptions.
Who is Not Effected
Renewals filed before the rule’s 10/30/2025 publication date will continue to receive up to 540 days of automatic extension.
Automatic extensions that are granted by law or specific Federal Register notices (such as those tied to TPS) will continue unaffected.
F-1 OPT and F-1 STEM OPT remain governed by separate student regulations not impacted by the IFR meaning that F-1 students will continue to be granted an automatic 180-day extension of employment authorization based on a timely filed extension of their STEM OPT EAD.
Practical Implications for Employers and Employees
The end of automatic extensions will require careful planning to avoid employment disruptions for both employers and employees.
For Employers:
Monitor expiration dates closely and track when renewal applications are filed.
Reverify Form I-9s promptly when work authorization documents expire.
Prepare for potential short-term lapses in employment authorization if renewals are delayed and come up with a consistent policy for handling such lapses.
For Employees:
File renewals as early as possible (USCIS allows filing up to 180 days before expiration).
Maintain any alternative forms of work authorization available to you (for example, certain spouses may rely on their I-94 if it shows an employment-authorized classification such as L-2S or E-2S which are authorized “incident to status” without requiring a separate EAD).
Adjustment of status applicants with underlying nonimmigrant work visas (such as H-1Bs and L-1s) should maintain their underlying nonimmigrant work authorization during the pendency of their adjustment of status application.
Some lapses may be unavoidable as most EAD renewals cannot be submitted more than 180 days prior to the expiration of the current EAD and, at present, many EAD processing times are in excess of 180 days. Therefore, it is critical to monitor processing times in your EAD category, submit extensions as early in the 180 day filing window as possible, and proactively plan with your employer for potential lapses where processing times are in excess of 180 days.
Things to Keep in Mind
The new DHS rule marks a major shift away from the flexible automatic extension policy that many employers and foreign nationals have relied on for years in the face of increasingly protracted processing times.
Note that while the IFR will have immediate effect, it will still remain open for public comment (likely for a period of 30 days from publication) and DHS may make adjustments or revisions to the rule based on public feedback.
Moving forward, timely filings and proactive HR coordination will be critical to minimize potential lapses in work authorization and maintain compliance with I-9 verification requirements.