DHS Ends Automatic Extensions for EAD Renewals

The following article first appeared in the Insights section of Littler Mendelson’s website. It is reposted here with permission.

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The Department of Homeland Security announced its release of an interim final rule, published in the Federal Register on Oct. 30, 2025, which ends automatic extensions for Employment Authorization Documents for noncitizens who have timely filed EAD renewal applications under certain employment authorization categories.

Based on the interim final rule, applicants who file their EAD renewal applications on or after Oct. 30, 2025, will no longer receive an automatic extension of their EAD.

These applicants will need to wait for their EAD renewal applications to be processed and receive the new EAD to extend their employment authorization.

The eligible categories include individuals with certain EAD classifications. Employers will no longer be able to accept an expired EAD along with a receipt notice for those applicants previously eligible for these automatic EAD extensions. 

DHS indicates that there are limited exceptions to this interim final rule, including extensions provided by law or through a Federal Register notice for Temporary Protected Status-related employment documentation. 

F-1 students who apply for a STEM OPT extension for their employment authorization are not affected by the interim final rule. These F-1 students should still receive a 180-day extension for their EADs upon timely filing their STEM OPT EAD applications. 

The interim final rule does not affect EADs that were automatically extended before Oct. 30, 2025.

Prior Law

Previously, eligible applicants who timely filed EAD renewal applications received an automatic extension of up to 540 days from the date their EAD expired.

This allowed these eligible applicants to continue to have employment authorization while U.S. Citizenship and Immigration Services processed their EAD application.

Previously, eligible applicants received an automatic extension of up to 540 days.

An automatic extension for eligible EAD applicants had been provided since regulatory amendments took effect in January 2017.

In January 2025, automatic extensions for EADs for eligible applicants were increased from 180 days to 540 days.

The automatic extensions for EADs were meant to help prevent gaps in work authorization for eligible EAD renewal applicants due to lengthy USCIS processing times. 

Next Steps 

Eligible applicants may file EAD renewals up to 180 days before their EAD expires.

These applicants should file their EAD renewal applications as early as possible within the filing window to avoid lapses in employment authorization where possible.

Applicants should file EAD renewal applications as early as possible to avoid lapses in employment authorization.

Lapses in employment authorization may still occur due to lengthy USCIS processing times.

Employers should review EAD expiration dates and monitor USCIS processing times.

Employers should plan for potential gaps in employment authorization for affected employees. Employers should also update their internal I-9 policies in accordance with the new interim final rule and associated updates to the USCIS I-9 Handbook.  

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About the authors: Carissa Tyler is an associate in Littler’s Washington, D.C. office. Jorge Lopez is a Littler shareholder and chair of the firm’s Immigration and Global Mobility Practice Group.