Written by: Dawn Lowry and Celine Malinche*
In a major policy shift, the Department of Homeland Security (DHS) published an Interim Final Rule (IFR) in the Federal Register on October 30, 2025, ending the automatic extension of employment authorization documents (EADs) for certain renewal applicants. This change has immediate implications for employers managing business licensing compliance and workforce planning. Notably, the rule was announced without prior notice, leaving employers with limited time to prepare for potential disruptions this policy may cause to maintaining an authorized employable workforce.
Quick background
Under current policy, USCIS automatically extends certain EADs based on timely filing of a renewal. The EB-1, EB-2, and EB-3 Immigrant Worker Retention Plan and Program Enhancements Affecting High-Skilled Nonimmigrant Workers, originally established during the Obama administration, were implemented on January 17, 2017, allowing USCIS to provide certain EAD renewal applicants with automatic extensions of the expiration dates of EADs that expire, subject to certain criteria.
These extensions, originally set at 180 days, were extended to 540 days under the Biden administration in May 2022 with the temporary increase of the automatic employment authorization and documentation extension period for certain renewal applicants to accommodate longer processing times. The subsequent final rule, issued in December 2024, established an automatic extension period of up to 540 days for eligible applications submitted on or after May 4, 2022, or pending as of that date.
This change will affect a wide range of EAD holders, including but not limited to those with a pending adjustment of status to lawful permanent residence and asylum seekers.
The new IFR ends all flexibility. Effective today, October 30, 2025, foreign nationals who file for EAD renewal on or after this date will not receive automatic extensions.
What doesn’t change
The rule does not affect:
- Automatic extensions have already been granted by submitting a timely EAD renewal application prior to the publication date of October 30, 2025; or
- Automatic extensions provided for in specific law[1] Or Federal Register notice:
- Beneficiaries of Temporary Protected Status (TPS), where extensions can still be granted via Federal Register notices.
- STEM OPT extensions, which were never eligible for the automatic 540 extension period under 8 CFR 274a.13(d). Alternatively, timely submitted STEM OPT extension requests will automatically extend work authorization documentation by 180 days.
The IFR also does not affect the validity of EADs that were automatically extended before October 30, 2025. This means that foreign nationals can continue to submit proof of a timely submitted renewal application with a “receipt date” before October 30, 2025, along with an expired EAD for Form I-9 purposes to obtain an automatic 540-day extension.
What employers should do now.
- Assess scope of impact. Employers should immediately evaluate employees who may be affected by the new rule.
- Monitor USCIS processing times and processing priorities. Employers should closely monitor EAD processing times and prepare for potential work permit gaps that may impact their operations.
- File early. USCIS recommends filing EAD renewals up to 180 days before the expiration date of the current EAD. Employers should reinforce this schedule with affected employees to avoid work authorization gaps and reduce the risk of I-9 noncompliance.
- Updated I-9 protocols. HR teams should revise I-9 procedures to reflect the end of automatic extensions for most categories. This includes evaluating current suspension and termination policies, which may require modifications, and updating compliance documentation. Companies will need to decide whether to allow suspension rather than termination, and others may want to consider longer or shorter timelines for suspension. Operational realities will guide these discussions.
- Prepare for disruption. Without automatic extensions, delays in processing the EAD could result in employees suddenly losing their work authorization. Employers should make contingency plans for any critical roles as the stopgap that ensures a work permit is not jeopardized will no longer be available.
- Explore solutions. The rule is expected to be challenged. Regardless of the outcome of litigation, employers must adapt workforce planning strategies to reduce risk. Find benchmarking data, focus groups, and expert insights to guide policy updates.
- Consider submitting a comment: Comments must be submitted by December 1, 2025 here. Individual employers may choose to share their concerns or support, or they may wish to coordinate with umbrella organizations or associations to provide feedback as part of a larger group.
The government’s reasons behind the change
USCIS Director Joseph Edlow said the agency is focusing again on “robust screening and vetting of aliens,” signaling a shift from convenience to security. While this policy aims to deter fraud and enhance national integrity, it also places new burdens on employers.
The IFR report outlines serious concerns about the automatic extension of EADs, arguing that the policy allows individuals to maintain work authorization without adequate scrutiny or review. According to the Department of Homeland Security, this process grants work extensions “without concurrently completing screening and vetting processes; without resolving potential consequences of derogatory information regarding the alien; and without determining the necessity of renewing a work permit in the exercise of discretion.” As a result, the agency warns, the automatic extension “presents a security vulnerability that may allow bad actors to continue to operate and generate income to fund nefarious activities that pose an imminent threat to the American public.” In sum, DHS asserts that such extensions may inadvertently enable individuals who are not fully vetted to remain in their jobs, undermining the administration’s security priorities.
While DHS cites national security concerns as a reason to end automatic EAD extensions, it is important to remember that the original purpose of these extensions was to prevent employer disruption when USCIS could not process renewal applications quickly enough. Over the years, processing times have varied based on the underlying application, creating a great deal of uncertainty for companies that rely on these workers. When the automatic extension was extended, the primary goal was to protect the US economy by avoiding widespread lapses in work permits. Despite the rule’s assurances about maintaining timely adjudications, the agency’s suspension of streamlined rules-based processing will likely make renewals more labor-intensive and slow.
For more information, contact Dawn Lurie. Recognized as national leaders in the field, Seyfarth’s immigration compliance and investigations group is trusted by Fortune 100 companies as well as small businesses across the country for strategic and practical advice. The group provides comprehensive guidance on Form I-9 and E-Verify compliance, ICE inspections, worksite enforcement actions, internal immigration evaluations, I-9 audits, DOL immigration-related wage and hour investigations, general H-1B compliance, and DOJ-IER anti-discrimination matters, including foreign sponsorship and export control/ITAR issues.
[1] Nonimmigrant dependent spouses of E-1, E-2, E-3, and L-2 are considered an authorized work accident for the case. USCIS generally provides notices to E and L spouses using a Form I-94 issued by USCIS before January 30, 2022 that is indicated by their E-1, E-2, E-3, E-3D, E-3R, or L-2 nonimmigrant status which states that they have been identified as a work-approved spouse and can use the notice, along with a Form I-94 issued by USCIS In the United States, as proof of work authorization.
*Celine Malinche is a case assistant in the Immigration Compliance and Enforcement team at Seyfarth. Thank you so much for your contribution to this blog post.