The Department of Homeland Security (DHS) has announced a significant rule change: beginning October 30, 2025, certain categories of Employment Authorization Documents (EADs) will no longer receive automatic extensions while renewal applications are pending. This marks a sharp change in policy for non-citizen employees and employers who rely on their authorization for work.
In this blog, we’ll explain the change in detail, examine the impact on both employees and employers, and provide actionable steps to stay compliant.
What is the Interim Final Rule?
The official interim final rule Removal of the Automatic Extension of Employment Authorization Documents published in the Federal Register removes the automatic extension period of up to 540 days for renewal applicants in certain EAD-eligible categories. Under previous policy, many EAD renewal applications filed timely could automatically remain valid for up to 540 days past the “Card Expires” date on Form I-766 (the EAD card) while the renewal was pending.
Going forward, for renewal applications filed on or after Oct. 30, 2025, the automatic extension benefit will no longer apply. Importantly, EADs and applications filed before the effective date that already have the automatic extension in place will remain valid under prior rules. The stated justification for the policy shift is to increase vetting and screening of noncitizens prior to continuing employment authorization.
EAD Automatic Extension Removed by DHS
Why This Change Matters
There are two interconnected strands to why this shift is important:
Work authorization continuity: Many noncitizen employees in the U.S. rely on EADs to continue working while their renewal is pending. The previous automatic-extension policy reduced the risk of employment gaps due to processing delays.
Employer risk and compliance: Employers must ensure that employees have valid authorization under the new rule; an invalid EAD may create Form I-9 compliance risk, potential work stoppages, and operational disruption.
By eliminating the automatic extension for select EAD categories, DHS is moving the responsibility back onto timely adjudication of renewal applications, and employers and employees must prepare accordingly.
Who is Affected by EAD Extension Removal?
The rule applies to “certain renewal applicants” who were previously eligible for the automatic extension under 8 CFR 274a.13(d). While the Federal Register notice does not list every category in the summary, commentary indicates that commonly impacted groups include:
Spouses of H-1B nonimmigrants (H-4 nonimmigrant spouses) holding EADs under category C-26.
Adjustment of status applicants pending under category C-9.
Asylees and refugees, TPS beneficiaries/applicants, and other noncitizens previously eligible for the automatic extension.
Importantly, some categories remain unaffected or have separate automatic-extension rules (for example, certain STEM OPT F-1 students retain 180-day auto extensions). Employers should review each employee’s EAD category and renewal filing dates to determine whether the automatic extension benefit still applies or has ended under this new rule.
Removal of EAD Extensions: Impact on Employees
From the employee’s perspective, this change may mean:
Potential gap in work authorization: If an employee files an EAD renewal on or after Oct. 30, 2025, and does not receive a decision before the “Card Expires” date, they cannot rely on an automatic extension and must stop working until a new authorization is granted.
Need for earlier filing: To avoid interruptions, employees should aim to file the renewal as early as allowed (for example up to 180 days ahead of expiration in many cases) and track the case diligently.
Communication with employer: Employees should proactively inform their employer of the rule change and provide updates on renewal status, as employer verification of valid work authorization becomes more critical.
Employment risk: In the event of an authorization gap, employees may face temporary loss of income, risk to job continuity, and potential issues with future immigration benefits that depend on continuous employment.
For those renewal applications filed before the cut-off date (or otherwise eligible under older policy), the automatic extension remains in place, but employees must ensure they meet the eligibility criteria and maintain documentation (receipt notices, I-797C, etc.) in case a gap arises.
Removal of EAD Extensions: Impact on Employers
For employers, the rule change brings multiple compliance and operational considerations:
Form I-9 verification and ongoing eligibility: Employers must revisit their electronic or manual I-9 tracking systems and verify that employees in affected categories have valid work authorization. The end of automatic extension means expired EADs without approved renewals are no longer valid authorization.
Audit exposure: Failure to ensure continued work authorization may lead to Form I-9 or USCIS compliance issues, exposure to penalties, or disruption of workforce if employees must stop working.
HR and immigration workflow updates: HR teams should revise their EAD monitoring process, renewal reminder workflows, and internal checklists to build earlier milestones, such as “file renewal at X days ahead of expiration” and “verify category status.”
Manning and staffing risk: Employers with employees whose work authorization might lapse must plan for potential work stoppages, reduced productivity, or contractual risks (especially for companies relying on EAD-bearing talent in critical roles).
Communication obligations: Employers should coordinate with immigration counsel and affected employees to ensure timely filing, tracking, and documentation so that gaps in authorization are minimized.
Removal of EAD Extensions:Action Checklist
To help employers address this change; we recommend the following steps:
Identify impacted employees: Run a report to flag employees whose EAD category and renewal timing places them under the new rule (renewals filed on/after Oct 30 2025).
Update internal workflows: Set alerts to remind employees and HR to file renewals at least X days before expiration (e.g., 120-180 days ahead); update your I-9 tracker to reflect “auto extension not available.”
Review documentation: Ensure each renewal filing has a valid Form I-797C receipt notice and applicable EAD; maintain backup documentation in HR files.
Communicate to employees: Send advisory notices to affected employees explaining the rule change, urging them to monitor filing status, share receipt notices, and understand that automatic extension no longer applies.
Plan for contingencies: For roles critical to operations, assess what happens if an authorization gap occurs and develop business continuity plans (e.g., reassignment, alternative staffing).
Work with immigration counsel: If an employee’s renewal is in progress, verify whether the application was filed before the effective date or still eligible, and confirm any available relief or category‐specific exceptions.
Summing Up
The end of automatic EAD extensions represents a notable shift in immigration policy with direct implications for noncitizen employees and U.S. employers alike. While the policy change underscores increased vetting priorities by DHS, it also creates increased urgency for timely renewals, stricter HR processes, and heightened risk of work-authorization disruptions. By proactively adapting internal systems, monitoring renewal timelines, and communicating clearly with affected employees, organizations can reduce compliance risk and maintain workforce stability.
How does OnBlick help?
OnBlickwill continue to monitor the rule to offer more details as they become available. We remain ready to support your Form I-9 and immigration authorization tracking needs during this transition. OnBlick’s I-9 Assist, E-Verify integration and Immigration Case Management tools help HR teams monitor EAD renewals, prevent lapses, and maintain full compliance with evolving USCIS regulations.
If you’d like to know more about our product and services, book a free OnBlick demo today.
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