On October 30, 2025, The Department of Homeland Security (“DHS”) along with United States Citizenship and Immigration Services (“USCIS”) published an interim final rule ending the automatic extension of Employment Authorization Documents (“EADs”) for certain categories of applicants who file renewal requests on or after October 30, 2025. Under the previous regulation, USCIS automatically extended work authorization and EAD validity for up to 540 days for individuals in specific eligibility categories while their renewal applications were pending in an attempt to ease the effects of USCIS delays in processing. The new interim final rule does not affect any EADs that were automatically extended before October 30, 2025.
As of October 30, 2025, individuals who apply to renew their work permits will no longer receive an automatic extension of their employment authorization while USCIS processes their renewal. Only limited exceptions will remain, such as those required by law or special designations related to Temporary Protected Status (“TPS”). According to DHS’ press release, this change is designed to strengthen the vetting process and enhance security by allowing USCIS to review eligibility and conduct background checks more frequently. The agency has stated that more regular reviews will help prevent fraud and identify individuals who may pose security risks before work authorization is extended.
For foreign nationals and employers alike, this rule represents a shift in how work permit renewals are handled since USCIS processing delays continue. Previously, many workers were able to continue working legally without interruption while waiting for their renewed EADs to be approved, despite processing delays. Under the new rule, that automatic extension will end, which may create significant challenges for both employees who rely on continuous work authorization and employers managing compliance and staffing. To minimize disruptions, USCIS advises filing EAD renewal applications as early as 180 days before the expiration date of the current card.
