DHS Eliminates Automatic Extension of Employment Authorization Documents (EADs)

As of October 30, 2025, the U.S. Department of Homeland Security (DHS) is eliminating the automatic extension of work authorization benefits for those renewing an Employment Authorization Document (EAD) in eligible categories.  For many foreign nationals in the United States, the ability to work is dependent upon U.S. Citizenship and Immigration Services (USCIS) approving an application for employment authorization and issuing an EAD as proof of authorization to work.  Current federal regulations provide that certain individuals who are applying to renew an EAD (including asylum applicants and certain spouses of H-1B workers) will receive an automatic extension of work authorization if they file the renewal application with USCIS in the same eligibility category before their current EAD expires.  This benefit allows these individuals to continue working using an expired EAD (and proper proof of a timely renewal application) for up to 540 days beyond the expiration date printed on the EAD card while the renewal application pends with USCIS.  DHS has now announced that it will eliminate this extension altogether for all eligible categories.

This elimination means that future EAD applicants in all categories will at all times need a valid EAD to work; those whose EADs have expired and whose EAD renewals have not yet been approved will experience gaps in work authorization and possible job loss.  This will apply to any EAD application filed on or after October 30, 2025; it will not apply to anyone who timely filed their EAD renewal application prior to October 30, 2025.

Note that this change does not impact extensions of work authorization that may be granted pursuant to other legal provisions, including, for example, extensions of work authorization through a Federal Register notice for those in Temporary Protected Status or the 180-day extension of work authorization benefits for those who have applied for a STEM OPT extension.

Going forward, individuals with an EAD that needs to be renewed should take immediate action to apply to renew the EAD as soon as possible within the renewal eligibility window for their category (for most categories this will be 180 days in advance of expiration, though some categories have different timelines).  However, early renewal will not guarantee a smooth continuation of work authorization without gaps; for some applicants, processing times for EAD renewals may result in an unavoidable lapse of work authorization, even for those who apply up to 180 days in advance.  DHS has not guaranteed that they will adjudicate EAD renewals within 180 days, and faster processing via payment of an additional fee (referred to by USCIS as “premium processing”) is not currently available for most EAD categories.  USCIS does have a mechanism to request expedited processing of a pending EAD application (a different system than premium processing), though expedite requests are rarely granted.  Guidelines on what circumstances may qualify for an expedite can be found here.

Employers should be aware of this development and understand that gaps in work authorization for certain employees working with an EAD may become more common, and may want to develop protocols for how to handle such occurrences.  Employers will also need to stay vigilant as to monitoring EAD expiration dates and complying with Form I-9 employee reverification requirements to maintain proper compliance with federal law.

This new rule eliminating the automatic extension of certain EADs will likely be subject to litigation, the outcome(s) of which may (or may not) impact its enforceability or scope.  We will monitor further developments on this topic and will post notable updates as they are available.