Navigating The New EAD Landscape: What HR Professionals Need To Know About Automatic Extension Changes, The One Big Beautiful Bill Act, And I-9 Compliance

If you manage a workforce that includes foreign national employees, you are likely aware that the employment authorization document (EAD) compliance landscape has changed fundamentally over the past year. This article focuses on what those changes mean for your I-9 obligations and day-to-day workforce management.

Key Legal Changes

On October 30, 2025, Department of Homeland Security (DHS) published an interim final rule ending automatic EAD extensions for timely filed renewals.¹ Anyone who filed or files to renew on or after October 30, 2025, gets no automatic extension of work authorization.³ Employees who filed to extend work authorization before October 30, 2025, remain eligible for 540 days of automatic extension as they awaits issuance of the new EAD.^4,5

Separately, U.S. Citizenship & Immigration Services (USCIS) reduced maximum EAD validity from five years to 18 months for refugees (EAD category: A03), asylees (EAD category: A05), withholding of removal (EADS category: A10), pending asylum applicants (EAD category: C08), adjustment of status applicants (EAD category: C09), and cancellation of removal/NACARA applicants (EAD category: C10).^7,8

The One Big Beautiful Bill Act (H.R. 1), signed July 4, 2025, caps Temporary Protected Status (TPS) EADs at shorter of one year or the TPS designation period.^14,12 USCIS interpretive guidance, issued March 13, 2026, applies this cap partially retroactively: even pre-July 22, 2025, TPS filers get no more than one year of automatic extension after July 22, 2025.²³ For those filers, the extension ends at the earliest of: 540 days after the previous EAD’s expiration, July 21, 2026, or the end of the country’s TPS designation.^22,24 We recommend not relying on the receipt notice and instead calculating the date yourself.

Finally, USCIS Policy Memorandum PM-602-0194 — which is an internal agency policy, not statute or regulation — places an adjudicative hold on pending benefit applications for nationals of 39 countries identified in Presidential Proclamations 10949 and 10998.^51,53 Pending EAD applications for affected nationals will not be approved while the hold is in place.⁵⁹ Combined with the elimination of automatic extensions, employees from these countries face potential loss of work authorization with no regulatory backstop.⁶¹ See the full country list in the reference table below.

The following table summarizes where things stand for each major category of EAD dependent employee.

I-9 Compliance: How Each Scenario Plays Out

All of these changes converge on a single obligation that has not changed: complete Form I-9 within three business days of a new hire’s start date, and reverify employment authorization when it expires.⁶²

Pre-October 30, 2025, filers: Accept the facially expired EAD plus I-797C receipt notice.⁶ Enter the auto extended expiration date in Section 2 (540 days from the “Card Expires” date, or 365 days for TPS categories under H.R. 1) and note “EAD EXT” in Additional Information.⁶³ For H-4, L-2, and E spouse employees (A17, A18, C26), the extension cannot exceed the I-94 end date… use whichever date is earlier.⁶⁴

TPS renewals filed on or after July 22, 2025: The expiration date is the shorter of one year from the “Card Expires” date or the TPS designation end date.⁶⁵ Check the USCIS TPS page for country specific court orders that may extend validity.⁶⁶

Post-October 30, 2025, filers (all other categories): No automatic extension. If the EAD expires while the renewal is pending, the employee must present different acceptable documentation, or they cannot continue working.^67,68 No grace period. No workaround.

Employees from PM-602-0194 countries: Pending EAD applications may be held indefinitely.⁶⁹ You cannot continue employing someone whose authorization has lapsed, regardless of the reason for the delay.

Cuba, Haiti Nicaragua and Venezuela (CHNV) parole EADs (EAD category: C11): Even facially valid C11 EADs may have been revoked.⁷⁰ E-Verify employers should monitor the status change report.

Reverification: Required when any automatic extension or EAD validity period ends, using Supplement B of Form I-9.⁷¹ Do not use E-Verify for reverification.

Anti-discrimination: Under INA § 274B, you cannot request specific documents or refuse valid, unexpired documents because of national origin or citizenship status. Employees from PM-602-0194 countries may still hold perfectly valid work authorization.

What HR Teams Should Do Now

• Audit your workforce. Catalog every EAD dependent employee by category, expiration date, and whether they filed before or after October 30, 2025.⁷²
• Set up tracking. Automated reminders at 180, 150, 120, and 90 days before each expiration…USCIS allows filing for an EAD extension 180 days before an EAD expires.⁷³
• Distinguish TPS from parole EADs. For CHNV nationals, confirm whether the EAD is TPS based (A12/C19) or parole based (C11).⁷⁴ The category code is dispositive.
• Monitor TPS litigation. Country specific court orders are shifting frequently. Bookmark the USCIS TPS page and check it regularly.⁷⁵
• Train your I-9 team on the elimination of automatic extensions, the TPS one year cap, and the grandfathering cutoff.^76,77
• Plan for workforce gaps, especially for employees from PM-602-0194 countries whose adjudications may be held indefinitely.
• Use premium processing where available to avoid authorization gaps.
• Get immigration counsel involved early. The interplay of statutes, regulations, policy memoranda, and court orders is extraordinarily complex.⁷⁹,80,81

Footnotes

1. Federal Register :: Removal of the Automatic Extension of Employment Authorization Documents
2. Automatic Employment Authorization Document (EAD) Extension | USCIS
3. Interim Final Rule Published to End the Practice of Automatically Extending Certain Employment Authorization Documents | USCIS
4. 5.1 Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization and/or Employment Authorization Document Before Oct. 30, 2025 | USCIS
5. 5.1 Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization and/or Employment Authorization Document Before Oct. 30, 2025 | USCIS
6. Interim Final Rule Published to End the Practice of Automatically Extending Certain Employment Authorization Documents | USCIS
7. USCIS Increases Screening, Vetting of Aliens Working in U.S. | USCIS
8. USCIS Increases Screening, Vetting of Aliens Working in U.S. | USCIS
9. USCIS Increases Screening, Vetting of Aliens Working in U.S. | USCIS
10. Making America Safe Again: U.S. Citizenship and Immigration Services End-of-Year Review Demonstrates Impact of Rigorous Immigration Crackdown | USCIS
11. Making America Safe Again: U.S. Citizenship and Immigration Services End-of-Year Review Demonstrates Impact of Rigorous Immigration Crackdown | USCIS
12. USCIS Increases Screening, Vetting of Aliens Working in U.S. | USCIS
13. USCIS Increases Screening, Vetting of Aliens Working in U.S. | USCIS
14. Federal Register :: USCIS Immigration Fees Required by HR-1 Reconciliation Bill
15. [PDF] 2025-13738.pdf – Federal Register
16. Federal Register :: USCIS Immigration Fees Required by HR-1 Reconciliation Bill
17. Federal Register :: USCIS Immigration Fees Required by HR-1 Reconciliation Bill
18. Federal Register :: USCIS Immigration Fees Required by HR-1 Reconciliation Bill
19. [PDF] 2025-13738.pdf – Federal Register
20. [PDF] 2025-13738.pdf – Federal Register
21. Making America Safe Again: U.S. Citizenship and Immigration Services End-of-Year Review Demonstrates Impact of Rigorous Immigration Crackdown | USCIS
22. Update to TPS Page on EAD Automatic Extensions | USCIS
23. Update to TPS Page on EAD Automatic Extensions | USCIS
24. Update to TPS Page on EAD Automatic Extensions | USCIS
25. Update to TPS Page on EAD Automatic Extensions | USCIS
26. Making America Safe Again: U.S. Citizenship and Immigration Services End-of-Year Review Demonstrates Impact of Rigorous Immigration Crackdown | USCIS
27. Making America Safe Again: U.S. Citizenship and Immigration Services End-of-Year Review Demonstrates Impact of Rigorous Immigration Crackdown | USCIS
28. Making America Safe Again: U.S. Citizenship and Immigration Services End-of-Year Review Demonstrates Impact of Rigorous Immigration Crackdown | USCIS
29. Update to TPS Page on EAD Automatic Extensions | USCIS
30. Automatic Employment Authorization Document (EAD) Extension | USCIS
31. 5.1 Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization and/or Employment Authorization Document Before Oct. 30, 2025 | USCIS
32. Federal Register :: USCIS Immigration Fees Required by HR-1 Reconciliation Bill
33. Federal Register :: USCIS Immigration Fees Required by HR-1 Reconciliation Bill
34. 5.1 Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization and/or Employment Authorization Document Before Oct. 30, 2025 | USCIS
35. 5.1 Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization and/or Employment Authorization Document Before Oct. 30, 2025 | USCIS
36. 5.1 Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization and/or Employment Authorization Document Before Oct. 30, 2025 | USCIS
37. Federal Register :: Removal of the Automatic Extension of Employment Authorization Documents
38. 5.1 Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization and/or Employment Authorization Document Before Oct. 30, 2025 | USCIS
39. Consideration of Deferred Action for Childhood Arrivals (DACA) | USCIS
40. DACA Litigation Information and Frequently Asked Questions | USCIS
41. DACA Litigation Information and Frequently Asked Questions | USCIS
42. Consideration of Deferred Action for Childhood Arrivals (DACA) | USCIS
43. Consideration of Deferred Action for Childhood Arrivals | USCIS
44. Consideration of Deferred Action for Childhood Arrivals | USCIS
45. Making America Safe Again: U.S. Citizenship and Immigration Services End-of-Year Review Demonstrates Impact of Rigorous Immigration Crackdown | USCIS
46. Federal Register :: USCIS Immigration Fees Required by HR-1 Reconciliation Bill
47. Interim Final Rule Published Ending the Practice of Automatically Extending Certain EADs | USCIS
48. Interim Final Rule Published to End the Practice of Automatically Extending Certain Employment Authorization Documents | USCIS
49. Automatic Employment Authorization Document (EAD) Extension | USCIS
50. Interim Final Rule Published Ending the Practice of Automatically Extending Certain EADs | USCIS
51. Policy Memorandum
52. Policy Memorandum
53. Policy Memorandum
54. Restricting and Limiting the Entry of Foreign Nationals to Protect the Security of the United States – The White House
55. Restricting and Limiting the Entry of Foreign Nationals to Protect the Security of the United States – The White House
56. Restricting and Limiting the Entry of Foreign Nationals to Protect the Security of the United States – The White House
57. Restricting and Limiting the Entry of Foreign Nationals to Protect the Security of the United States – The White House
58. Policy Memorandum
59. Update on USCIS’ Strengthened Screening and Vetting | USCIS
60. Policy Memorandum
61. Policy Memorandum
62. 5.1 Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization and/or Employment Authorization Document Before Oct. 30, 2025 | USCIS
63. 5.1 Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization and/or Employment Authorization Document Before Oct. 30, 2025 | USCIS
64. 5.1 Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization and/or Employment Authorization Document Before Oct. 30, 2025 | USCIS
65. Automatic Employment Authorization Document (EAD) Extension | USCIS
66. Automatic Employment Authorization Document (EAD) Extension | USCIS
67. Interim Final Rule Published to End the Practice of Automatically Extending Certain Employment Authorization Documents | USCIS
68. Federal Register :: Removal of the Automatic Extension of Employment Authorization Documents
69. Policy Memorandum
70. Making America Safe Again: U.S. Citizenship and Immigration Services End-of-Year Review Demonstrates Impact of Rigorous Immigration Crackdown | USCIS
71. 5.1 Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization and/or Employment Authorization Document Before Oct. 30, 2025 | USCIS
72. 5.1 Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization and/or Employment Authorization Document Before Oct. 30, 2025 | USCIS
73. Consideration of Deferred Action for Childhood Arrivals (DACA) | USCIS
74. Making America Safe Again: U.S. Citizenship and Immigration Services End-of-Year Review Demonstrates Impact of Rigorous Immigration Crackdown | USCIS
75. Automatic Employment Authorization Document (EAD) Extension | USCIS
76. 5.1 Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization and/or Employment Authorization Document Before Oct. 30, 2025 | USCIS
77. Interim Final Rule Published to End the Practice of Automatically Extending Certain Employment Authorization Documents | USCIS
78. Interim Final Rule Published to End the Practice of Automatically Extending Certain Employment Authorization Documents | USCIS
79. Policy Memorandum
80. Policy Memorandum
81. Policy Memorandum

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.