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The Department of Homeland Security (DHS) has announced a policy change impacting thousands of noncitizen workers and their employers across the United States. In an interim final rule released this week, DHS ended the practice of automatically extending employment authorization documents (EADs) for certain categories of applicants who file renewal requests.
Beginning Oct. 30, 2025, noncitizens who submit EAD renewal applications will no longer receive an automatic extension of their employment authorization while their renewal is pending, with limited exceptions. This change marks a shift from prior policy and may require both employees and employers to adjust their compliance and workforce planning strategies accordingly.
What the New Rule Does
Under previous DHS regulations, certain EAD renewal applicants automatically received up to a 540-day work authorization extension while their applications were being processed. The new interim final rule eliminates that automatic extension for most EAD categories.
DHS explains that this change is intended to "prioritize proper screening and vetting" of all EAD applicants before extending their authorization to work. According to USCIS Director Joseph Edlow, the goal is to strengthen national security by ensuring that "appropriate vetting and screening has been completed before an alien's employment authorization or documentation is extended."
Key Exceptions
While the automatic extension policy is being rolled back broadly, DHS has outlined limited exceptions, including:
- Extensions provided by statute, such as for certain pending asylum applicants,
- Extensions issued through Federal Register notices, for example, Temporary Protected Status (TPS) designations that include automatic EAD extensions, and
- Extensions for F-1 STEM OPT students, which ICE, instead of USCIS, controls.
This rule will not affect EADs already extended automatically before Oct. 30, 2025.
What This Might Mean for Noncitizen Workers
Noncitizen employees who rely on an EAD to work in the United States should plan ahead carefully. USCIS recommends filing renewal applications up to 180 days before the current EAD expires to minimize the risk of losing work authorization during the adjudication process. Because automatic extensions will no longer apply, a delayed renewal filing may result in a temporary lapse in employment authorization, potentially interrupting income and creating complications with employers' Form I-9 compliance.
What This Might Means for Employers
Employers who hire and retain noncitizen employees under EAD-based work authorization may wish to prepare for procedural and compliance changes. The end of automatic EAD extensions means that employees with pending renewals will no longer be authorized to work once their current EAD expires, unless they fall under one of the limited exceptions. Employers may wish to be proactive in updating their Form I-9 compliance procedures and tracking systems to account for the elimination of automatic EAD extensions. Employers should also consider:
- Identifying employees whose work authorization is tied to EADs and assessing whether they may be impacted by this change,
- Notifying affected employees of the new renewal timeline,
- Updating Form I-9 for affected employees to reflect any changes in work authorization and ensure continued compliance with federal employment eligibility requirements, and
- Preparing for potential employment gaps if renewals are delayed.
Employers may wish to avoid employing individuals whose EADs have expired and are no longer valid under the new rule.
Conclusion
This policy change underscores DHS's renewed emphasis on national security and vetting in employment authorization adjudications. However, it also introduces practical challenges for both employers and noncitizen workers, particularly given ongoing USCIS processing backlogs.
To navigate this change effectively, EAD holders impacted by the rule should consider:
- Filing renewals as early as possible (180 days before expiration),
- Tracking case progress through USCIS online tools, and
- Seeking legal guidance if they anticipate a lapse in work authorization.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
