The Department of Homeland Security (DHS) has announced an interim final rule that will end the automatic extension of certain Employment Authorization Documents (EADs) starting October 30, 2025. Previously, some EAD holders who filed timely renewal applications were eligible for an automatic extension of up to 540 days while waiting for USCIS to process their new card. Under the new rule, this automatic benefit will no longer apply to certain employment authorization categories.
The EAD holders not affected by this change include:
- Those who filed their renewal applications before October 30, 2025, and received a Form I-797C, Notice of Action, confirming timely filing. These applicants will continue to benefit from the up to 540-day automatic extension under the previous rule.
- Individuals with EADs automatically extended through a Federal Register notice, such as those in Temporary Protected Status (TPS) categories A12 or C19.
Employer Considerations
Employers are encouraged to review their Form I-9 records and identify employees who may be affected. Setting up a renewal-tracking system and communicating with staff early can help avoid employment gaps, especially given current USCIS processing times, which can exceed seven months.
Both employers and foreign national employees should also monitor DHS announcements, as the agency is accepting public comments and may make adjustments before the rule takes full effect.