Client Alert- DHS Ending Automatic Extensions of EADs

The Department of Homeland Security (DHS) is publishing an Interim Final Rule(IFR), effective October 30, 2025, to end automatic extensions of employment authorization documents (EAD).  Prior to this new rule, applicants who timely applied to renew EADs in certain categories would receive an automatic extension on their employment authorization. DHS introduced the automatic extension of EADs in 2016 to prevent applicants’ employment authorization from lapsing due to USCIS’s lengthy backlogs in adjudicating EAD applications. In 2022 DHS increased the automatic extension of EADs from 180 days to 540 days.  As announced  by USCIS, these automatic extensions have now ended.

When does the new rule begin? Any EAD applications filed on or after 10/30/2025 will no longer benefit from an automatic extension of work authorization beyond their EAD expiration date. While DHS is not giving a grace period before the new rule takes effect, the rule is not retroactive to EAD renewal applications filed prior to 10/30/2025 and does not impact the validity of those EADs that were already automatically extended.

What visa categories are affected?  Only certain categories of EADs benefitted from the prior automatic extension.  These visa categories included spouses of E-1/2/3 and L-1; H-4 (spouses of H-1B); adjustment of status applicants; asylees/refugees and applicants for asylum; and TPS applicants.  USCIS’s website has a complete list of categories that were eligible for automatic EAD extensions.

Are there any exceptions?  The rule does not prevent a separate law or Federal Register notice to authorize an automatic extension of employment authorization. As an example, extensions of work authorization are typically provided in the Federal Register when a country’s Temporary Protected Status (TPS) designation is extended. Also, as noted in USCIS’s Handbook for Employers M-274, a separate regulation grants certain nonimmigrant visa categories (i.e., E-1/2/3, H-1B, L-1, O-1/2, P-1/2, R-1, TN) an automatic 240-day extension of work authorization if the sponsoring employer timely files the Form I-129 to extend the foreign worker’s visa status.

What should you do?  It is recommended to file an EAD renewal application as early as possible.  USCIS reminds individuals that an EAD renewal application can be submitted up to 180 days before the EAD expiration date. Some individuals have been able to apply earlier than that time to replace their EADs, though filing earlier than 180 days could carry a risk that USCIS rejects the application. USCIS also has discretion to grant requests to expedite the adjudication of EAD applications in limited circumstances.

If you have any questions about how this new rule could affect your work authorization, you should seek the advice of an immigration attorney. You can reach Jennifer Cory at [email protected] and Jeff Widdison at [email protected]. We will be closely monitoring for any information or developments to provide the best advice for our clients.