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DHS ends automatic extensions for EADs

December 2025 employment law letter
Authors: 

Kayla E. Snider, Skoler, Abbott & Presser, P.C.

On October 30, 2025, the U.S. Department of Homeland Security (DHS) implemented a significant policy shift that directly affects workforce planning and compliance for employers across the country. The agency published an interim final rule that officially ended the practice of automatically extending employment authorization documents (EADs) for certain renewal applicants—a move that could lead to employment disruptions if not proactively managed. Here’s what employers need to know.

What changed?

Previously, eligible foreign nationals who filed timely EAD renewal applications could receive automatic extensions of their work authorization for up to 540 days while their applications were pending. This policy was designed to mitigate the impact of processing delays at the U.S. Citizenship and Immigration Services (USCIS) office.

Under the new rule, effective October 30, 2025, automatic extensions are no longer granted for renewal applications filed on or after this date. This means there will be no automatic extension of employment authorization for EAD renewals filed on or after October 30, 2025. However, the new rule doesn’t affect the following:

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