Employers take action: DHS stopped automatic EAD extensions October 30, 2025!

The Department of Homeland Security (DHS) has issued an interim final rule that eliminates the automatic 540-day extension of employment authorization documents (EADs) for renewal applications filed on or after October 30, 2025. A timely-filed EAD renewal will no longer extend work authorization while the renewal is pending, unless another rule, statute, or Federal Register notice provides an exception, such as for certain temporary protected status (TPS) designations. EADs that already received an automatic extension before October 30, 2025, are not affected. This change affects a wide range of noncitizens who rely on EADs for employment, including adjustment-of-status applicants, H-4 dependent spouses, and humanitarian categories. It will also create new compliance obligations for employers managing I-9 reverification and workforce planning.

Key points for employers

Effective October 30, 2025, renewal applications will no longer trigger automatic extensions of employment authorization. The rule applies to categories under 8 C.F.R. § 274a.12(a) and (c) that require Form I-765 renewal. It doesn’t apply to automatic extensions provided by statute or Federal Register notice for certain categories (such as TPS). It is effective immediately upon publication, with a 30-day comment period.

Employers can no longer accept an expired EAD plus a Form I-797C receipt notice as valid proof of continued work authorization for renewals filed on or after October 30, 2025.