On October 29, 2025, DHS provided an advance notice of the Interim Final Rule (IFR) titled “Removal of the Automatic Extension of Employment Authorization Documents” (8 CFR §274a.13(e)) to be published on October 30, 2025. The effective date is upon publication in the Federal Register, October 30, 2025, and the comment deadline will be 30 days from publication.
What does this rule do?
Effective October 30, 2025, this rule eliminates the 540-day automatic extension of certain Employment Authorization Documents (EADs) for noncitizens who timely filed a Form I-765 to renew their EAD. Applicants who are not eligible for an automatic extension must now wait for USCIS to issue a new EAD card before resuming employment, unless they have another valid basis for work authorization.
Who is impacted by this rule?
The new rule is applicable to those individuals who have obtained work authorization based on one of the category codes listed by USCIS here.
The rule does not affect:
- Automatic extensions already granted by the timely filing of an EAD renewal application prior to the publication date of October 30, 2025; or
- Automatic extensions provided by a specific law or Federal Register notice (e.g., Temporary Protected Status (TPS) notices).
It is important to note that if a noncitizen provides an expired EAD card as evidence of work authorization with one of the category codes referenced via the hyperlink above, together with a Form I-797C (Receipt Notice) that shows a timely filed EAD renewal application filed prior to October 30, 2025, they are still eligible for the 540-day automatic extension.
Why is this rule being published?
USCIS cites national security and vetting concerns, stating that automatic extensions allowed continued employment without full eligibility review and may “allow bad actors to continue to work and generate income to potentially finance nefarious activities that pose an imminent threat to the American public.”
DHS acknowledges that this rule may cause employment authorization gaps and operational strain for employers but asserts that public safety and program integrity take priority.
What are important takeaways for Employers?
Employers are reminded to reverify employment authorization before the current EAD expires as failure to do so may result in significant penalties. It is even more essential that employers track the expiration of work authorization for noncitizens and take appropriate employment action if an individual is unable to provide evidence of continued work authorization – either through a timely filed extension (if eligible) or a new work authorization document (if applicable).
Actions employers can take:
- Remind employees to file renewal applications early.
- Review current EAD cards to determine potential lapses in work authorization and prepare accordingly.
- Plan for increased processing delays and employment disruptions during USCIS backlogs.
- Provide immediate notice to any eligible individuals to file the extension/renewal EAD applications online via the myUSCIS account today, October 29, 2025.
NOTE: Employees remain eligible for the 540-day automatic extension if they present an expired EAD in an eligible category along with a Form I-797C (Receipt Notice) showing that a renewal was timely filed before October 30, 2025 – even if they provide these documents on or after October 30, 2025.
WR Immigration will monitor for future litigation and/or policy adjustments. For case-specific questions and/or further guidance on the elimination of the 540-day automatic EAD extension, please contact your WR Immigration attorney.
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