DHS Ends Automatic Extension Of Employment Authorization

The Department of Homeland Security (DHS) has announced an interim final rule stating that, effective October 30, 2025, individuals filing renewal applications for their Employment Authorization Document (EAD) will no longer automatically receive an extension of their employment authorization, with limited exceptions such as Temporary Protected Status (TPS). This means that individuals renewing their EADs on or after this date may face temporary lapses in work authorization if their renewal is not approved before their current EAD expires.With this rule, DHS prioritizes the screening and vetting of individuals before extending the validity of their employment authorizations.

Key Takeaways:

No Automatic Extensions Starting October 30, 2025: Previously, as long as renewal applications were filed timely before the EAD's expiration date, applicants were eligible for an automatic extension until their renewal was approved. Under the new rule, individuals filing renewal applications on or after October 30, 2025, will not receive this automatic extension. If their renewal is not approved after their EAD expires, there may be a temporary lapse in work authorization until the renewal is approved.

Limited Exceptions: Certain extensions, such as those mandated by law or through specific Federal Register notices (e.g., for TPS), remain unaffected.

Prior EADs Are Not Affected: The rule does not impact EADs that were automatically extended before October 30, 2025.

USCIS recommends individuals seek a timely renewal of their EAD by properly filing a renewal application up to 180 days before their EAD expires. The longer an individual 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.

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