The Department of Homeland Security (DHS) has announced a major policy shift ending automatic extensions of Employment Authorization Documents (EADs) for several categories of foreign nationals.
The change, effective October 30, 2025, will have major implications for both employers and employees who depend on EADs to continue lawful employment in the United States.
What Has Changed
Under the new Interim Final Rule (IFR), individuals filing EAD renewal applications on or after October 30, 2025 will no longer benefit from the automatic 540-day extension that previously allowed continued employment while their renewals were pending.
Applicants must now wait for USCIS to approve the renewal before they can resume working if their current EAD expires. This shift impacts many categories that had relied on the automatic extension to avoid work interruptions.
Categories Impacted by the End of Automatic EAD Extensions
Below is an NPZ summary table showing how the new DHS rule affects key employment authorization categories.
Applicants who previously received up to 540 days of automatic work authorization while their renewals were pending will now lose that benefit starting October 30, 2025.
| EAD Category | Examples / Eligibility | Old Rule (Before Oct. 30, 2025) | New Rule (On or After Oct. 30, 2025) |
| A03 / A05 / A07 / A08 / A10 | Refugees, Asylees, Withholding of Removal, and related humanitarian categories | Automatic work extension up to 540 days | No automatic extension; must wait for new approval |
| A12 / C19 | Temporary Protected Status (TPS) and TPS Prima Facie applicants | Automatic extension tied to TPS validity (up to 1 year) | Still eligible for limited extension during TPS period |
| A17 / A18 / C26 | Spouses of E, L, and H visa holders | Up to 540 days or until I-94 expiry | No automatic extension; work must stop when EAD expires |
| C08 / C09 | Asylum applicants and Adjustment of Status applicants | Up to 540 days of automatic extension | No automatic extension; cannot work until renewal approved |
| C10 / C16 / C20 / C22 / C24 / C31 | Legalization, continuous residence, LIFE, and VAWA categories | Up to 540 days of automatic extension | No automatic extension; must wait for new card issuance |
Note: Only TPS-based categories remain eligible for limited automatic extensions under this rule.
Why This Matters
This change could cause workforce disruptions and compliance risks for U.S. employers.
Organizations must now track EAD expirations closely and ensure that employees do not continue working past expiration without valid authorization.
Industries that rely heavily on EAD holders—such as healthcare, education, technology, hospitality, and agriculture—may face staffing challenges if renewals take several months to process.
Employers also face potential Form I-9 compliance exposure if they fail to reverify employees in time.
Steps Employers Should Take Now
To prepare for this change, NPZ recommends that employers and HR teams:
- Encourage early filings:Â Employees should file EAD renewals up to 180 days before expiration.
- Track renewal timelines:Â Create internal alerts or software reminders for expiring EADs.
- Communicate proactively:Â Notify affected employees about the new rule and confirm filing status.
- Plan contingencies:Â Consider cross-training, role-sharing, or temporary coverage for critical positions.
- Monitor agency updates:Â The rule allows for future adjustments after public comments or court rulings.
Legal and Litigation Outlook
Because this policy was issued as an Interim Final Rule, DHS implemented it without a traditional notice-and-comment period.
That decision may invite legal challenges from advocacy groups and employers arguing that sudden implementation is harmful or procedurally improper.
Until a federal court intervenes, however, the rule remains fully enforceable.
What Affected Workers Should Know
If you hold an EAD, file your renewal as early as possible and plan for processing delays.
You must stop working once your current EAD expires unless a new card is approved.
For personalized guidance, consult an immigration attorney—especially if your renewal is pending or your job depends on continued employment authorization.
FAQ – EAD Automatic Renewal Changes (October 2025)
Q1: Who still qualifies for automatic extension?
Only those under Temporary Protected Status (TPS) continue to receive limited automatic extensions tied to TPS validity.
Q2: What happens if my EAD expires before approval?
You must stop working until USCIS issues the renewed card. Continuing to work without authorization can lead to immigration and employer compliance issues.
Q3: Could this rule be reversed or delayed?
Possibly. DHS may revise portions of the rule after public feedback, or litigation could result in a temporary injunction.
Contact NPZ Law Group
If you or your organization may be impacted by this policy, contact NPZ Law Group at www.visaserve.com or call 201-670-0006.
Our immigration attorneys advise employers and foreign nationals on EAD renewals, I-9 compliance, and workforce planning under the latest DHS regulations.