DHS Announces New Rule Ending Automatic Extension of Employment Authorization

Julie Solis-Alvarado

October 29, 2025 | Immigration | Labor and Employment | Press Release

On October 29, 2025, DHS announced an interim final rule ending automatic extension of employment authorization for foreign nationals renewing their Employment Authorization Document, commonly referred to as an ‘EAD Card’ or ‘EAD.’ The new rule affects those filing Form I-765 applications to renew their EAD on or after Oct. 30, 2025. The rule does not affect individuals whose EADs were automatically extended prior to Oct. 30, 2025.

Under the prior rule, certain foreign nationals renewing their EAD were eligible for an automatic extension of up to 540 days, provided specific conditions were met—such as filing a qualifying renewal application before the current EAD’s expiration date and under an eligible category. With this new rule, that automatic extension no longer applies to EAD renewals filed on or after October 30, 2025.

This policy shift has direct implications for Form I-9 employment authorization verification and reverification:

  • Employers will no longer be able rely on a pending EAD renewal and the corresponding receipt notice to extend an employee’s work authorization beyond the expiration date shown on the current EAD.
  • For any employee whose EAD is listed as the document establishing identity and work authorization on Form I-9, reverification must occur on or before the expiration date printed on the current EAD.
  • If a new EAD is not received by the EAD expiration date, the employee will no longer be authorized to work, and the employer must take appropriate action to remain in I-9 compliance.

Employers are strongly encouraged to review their workforce I-9s and identify any employees whose EADs are expiring within the next six months. Those employees should be promptly notified and encouraged to file their renewal applications as soon as possible—preferably before October 30, 2025, if eligible—to avoid potential gaps in work authorization.

Please contact our office if you would like to discuss how this change may affect Form I-9 compliance, workforce planning, or if you’d like to explore alternative immigration strategies that provide employment authorization without the need for a separate EAD renewal filing.  You may contact our office by reaching out to our immigration attorneys or emailing us at immigration@belinmccormick.com.