DHS Ends Automatic Extension of Certain Employment Authorization Documents

The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) have announced a policy change that will end the automatic extension of employment authorization documents (EADs) for certain renewal applicants. The change will take effect on October 30, 2025.

Background

Under current regulations, certain EAD renewal applicants receive an automatic extension of their work authorization for up to 540 days if they timely file a renewal application before their existing EAD expires. This policy allows applicants to continue working after the expiration of their existing EAD, for up to 540 days, while the renewal application is pending. The automatic extension terminates once USCIS approves or denies the renewal application.

What Is Changing

Under an Interim Final Rule (IFR), which will be published and take effect on October 30, 2025, this automatic extension will no longer apply. EAD renewal applicants filing on or after October 30 will no longer receive an automatic extension of employment authorization. For these applicants, if processing of the renewal extends past the expiration of their existing EAD, they will lose work authorization upon the expiration of that EAD, and need to wait for USCIS to adjudicate the renewal application and produce a new EAD before accepting or resuming employment.

The IFR indicates that this is part of DHS’s broader effort to prioritize the screening and vetting of foreign nationals. How these attempts at increased vetting will affect EAD processing times is uncertain—but an increase in processing times, coupled with the elimination of the automatic extension, would likely result in substantial disruption for employers and employees. DHS notes in the IFR that it expects EAD filing rates and processing times to decline, thus reducing the need for automatic extensions to avoid lapses in employment authorization. However, EAD renewal applications can be filed no earlier than six months before an EAD expiration, and shorter processing times have yet to materialize. According to USCIS’s own data, at present, some EAD applications take well over a year to be processed.

Who Is Affected

This change primarily affects applicants who have received EADs based on humanitarian grounds, including asylum applicants, refugees, foreign nationals granted Withholding of Removal, and certain recipients of Temporary Protected Status (TPS), among others. The change also applies to spouses of H-1B nonimmigrant visa holders (H-4 dependents), as well as those whose EAD cards are based on pending Adjustment of Status applications, though the impact to these populations may be somewhat more limited, as explained below.

Exceptions

The change does not affect: 

• F-1 students applying for STEM OPT;
• Spouses of L-1, E-1, E-2, and E-3 nonimmigrant visa holders (L-2S, E-1S, E-2S, and E-3S, respectively), who are authorized to work incident to status (i.e., they are authorized to work based on their status alone, even without an EAD);
• Automatic extensions provided by law (e.g., certain TPS designations or automatic extensions announced through Federal Register notices);
• DACA recipients, whose EADs have never been eligible for automatic extensions; or
• Applicants who file EAD renewal applications before the change takes effect on October 30, 2025.

Limited Impact on Certain EAD Applicants

As a practical matter, the change will have a somewhat limited effect on:

• Spouses of H-1B nonimmigrant visa holders (H-4 dependent spouses), who only benefit from the current 540-day automatic extension in limited circumstances, and only after overcoming significant logistical hurdles. That said, the change will certainly impact H-4 spouses who were previously willing and able to jump through the necessary hoops to avail themselves of the automatic extension; and
• Applicants who receive an EAD based on a pending Adjustment of Status application (Form I-485). USCIS currently approves these EADs for a five-year period, and applicants generally receive their “green cards” well before an EAD needs to be renewed.

Practical Recommendations

For Employers:

• Identify employees whose work authorization relies on EADs that expire after October 30, 2025, and consult with immigration counsel to determine the impact of this change (if any).
• Adjust I-9 reverification tracking and HR compliance systems to avoid unintentional lapses in employment authorization.
• Communicate with affected employees about renewal timing and potential employment gaps.

 For Employees and Individuals:

• File EAD renewal applications as early as possible—USCIS recommends up to 180 days before expiration.
• Plan ahead to avoid interruptions in work authorization after October 30, 2025.
• Explore alternative visa or work authorization options if continued employment is critical.

Ballard Spahr Immigration Practice

Our team advises employers and individuals on all aspects of immigration compliance and workforce planning. If you have questions about how this rule change may impact your business or your personal situation, please contact a member of Ballard Spahr’s Immigration Group.

Copyright © 2025 by Ballard Spahr LLP.
www.ballardspahr.com
(No claim to original U.S. government material.)

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of the author and publisher.

This alert is a periodic publication of Ballard Spahr LLP and is intended to notify recipients of new developments in the law. It should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own attorney concerning your situation and specific legal questions you have.