DHS Ends Automatic EAD Extensions for Renewal Applicants

DHS has published an interim final rule eliminating the practice of automatically extending timely-filed renewal applications for Employment Authorization Documents (EAD). Although DHS is providing a 30-day comment period, the rule is effective immediately and applies to applications filed on or after October 31, 2025.
Here is what employers need to know:

New Rule: Applicants who file an I-765 renewal on or after October 30, 2025, will not receive an automatic 540-day extension;
Prospective Application: This does not affect EADs previously automatically extended under previous automatic extension provisions.
Exceptions: Anything otherwise provided by law or through the Federal Register for Temporary Protected Status;

Given the increasing processing times, it is more important now than ever to timely-file renewal applications. USCIS accepts renewal applications 180 days in advance of the current expiration. In the event USCIS processing times exceed the validity of the existing EAD, foreign nationals will no longer be authorized for employment and must be removed from payroll. Categories eligible for online filing (TPS, Asylum, and pending AOS) are encouraged to do so to optimize processing for paper-filed applications.

Moving forward, as processing times continue to fluctuate, employers must remain on top of their Form I-9 compliance and re-verification requirements as a result of any gaps in employment authorization. It is also a good time to review any EADs expiring within the next 12 months to ensure a timely-renewal.

If you have any questions about how this new rule affects your workforce or would like to discuss I-9 compliance and practices, please contact our office for further discussions.