USCIS Eliminates Automatic Extension of Employment Authorization Documents

The U.S. Citizenship and Immigration Services (USCIS) will publish an interim final rule on October 30, 2025, eliminating the practice of automatically extending employment authorization documents (EADs) for foreign nationals who file timely renewal applications. The rule takes effect immediately upon publication and applies to all renewal applications filed on or after 30.Oct.2025, marking a significant change that will affect hundreds of thousands of workers across multiple immigration categories.

Immediate Effective Date with No Retroactive Application

The interim final rule becomes effective 30.Oct.2025. Importantly, the rule does not apply retroactively. Foreign nationals who filed qualifying renewal EAD applications before 30.Oct.2025 will continue to receive the automatic extension of up to 540 days under the previous regulations. Only renewal applications filed on or after the effective date will be subject to the new policy eliminating automatic extensions.

Categories Affected by the Rule

The elimination of automatic extensions affects foreign nationals in numerous employment authorization categories who previously could rely on their expired EADs remaining valid for up to 540 days while renewal applications were pending. These categories include:

• Refugees and Asylum-Related Categories
• I-485 Adjustment of Status Applicants
• Temporary Protected Status (TPS): Individuals with Temporary Protected Status who file for EAD renewals will no longer receive automatic extensions, though the rule does not affect automatic extensions specifically provided for in Federal Register notices related to TPS designations
• Dependent Spouses: Spouses of certain nonimmigrant workers, including H-4 spouses of H1B workers, will no longer receive automatic extensions when renewing their EADs
• VAWA Self-Petitioners
• Other Categories: The rule also affects individuals with applications for cancellation of removal, suspension of deportation, withholding of removal, certain family unity beneficiaries, and various other discretionary employment authorization categories

Impact on Employers and Form I-9 Requirements

Employers must continue to comply with form I-9 employment eligibility verification requirements. Under the new rule, employers can no longer rely on receipt notices as evidence of automatically extended work authorization for renewal applications filed on or after 30.Oct.2025.

For employees whose EADs expire and whose renewal applications were filed on or after the effective date, employers must obtain new, unexpired documentation showing continued work authorization. Failure to properly verify and reverify work authorization can subject employers to civil penalties.

What Foreign Nationals Should Do

Foreign nationals who currently hold EADs should file renewal applications as early as possible to minimize the risk of gaps in work authorization. USCIS generally recommends filing renewal applications up to 180 days before the current EAD expires.

The longer a foreign national waits to file a renewal application, the greater the likelihood of experiencing a gap in valid work authorization. Proper planning and monitoring of application processing times can help mitigate this risk, though there is no guarantee that the USCIS will approve renewal applications before current EADs expire.

If an EAD expires while a renewal application remains pending and the application was filed on or after 30.Oct.2025, the foreign national must stop working until the USCIS approves the renewal application and issues a new EAD. Employment can resume once the new EAD is received with a valid expiration date.

Public Comment Period

Although the rule takes effect immediately, the USCIS is accepting public comments for 30 days following publication. Comments must be submitted through the federal eRulemaking portal.

Conclusion

The elimination of automatic extensions for EADs represents a fundamental shift in policy that will require foreign nationals and their employers to plan more carefully around EAD renewals. With no automatic extension available for applications filed on or after 30.Oct.2025, maintaining continuous work authorization will depend on timely filing and on USCIS processing times.

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