DHS Ends Automatic Extension for Employment Authorization Documents (EADs)
Today, October 30, 2025, the Department of Homeland Security (DHS) published an Interim Final Rule (IFR) that amends the regulation that automatically extends the validity of certain employment authorization documents (EADs) after an I-765 (EAD renewal) application has been timely filed. Under the new policy, applicants who have applied for EAD renewal will no longer have work authorization once their EAD expires until the new EAD is issued. The IFR eliminates the longstanding automatic extension policy that allowed individuals who were previously granted an EAD to avoid gaps in work authorization while their EAD renewal applications were pending. The previous automatic extension policy, which was 180 days and later extended to 540 days, was implemented to offset the severe processing delays by the United States Citizenship and Immigration Services (USCIS).
The new policy takes effect today, and only applies to EAD renewal applications filed on or after October 30, 2025. The IFR does not impact the validity of EADs that were automatically extended prior to October 30, 2025 based on pending I-765 applications. It also does not impact individuals who are work authorized incident to status, such as L-2 spouses, or E-1, E-2 and E-3. Additionally, individuals applying for F-1 OPT and STEM OPT EADs are not affected by the new policy. As STEM OPT EADS are governed by another regulation (not impacted by the IFR), the 180-day extension still applies.
What This Means for Our Clients
The abrupt change in policy means that EAD renewal applications must be filed as soon as individuals are eligible to apply for renewal, which in most cases is 180 days prior to the expiration date of the previously-issued EAD. However, there is significant risk that work authorization may lapse for many EAD categories, particularly for H-4 spouses. The H-4 EAD presents a unique issue as these EADs are typically filed concurrently with the principal’s H-1B extension petition, which may be filed without premium processing, and sometimes very close to the expiration date. Fortunately, individuals with adjustment of status-based EADs are less likely to be impacted by the new policy as these EADs are generally granted with a five (5) year validity period.
The new policy will likely be challenged in the federal courts, and may be subject to an injunction, due to the lack of sufficient notice to impacted individuals.
We will be reaching out to our clients who may be impacted by the new policy.