Effective October 30, 2025, the Department of Homeland Security (DHS) will implement an Interim Final Rule (IFR) ending the automatic extension of employment authorization documents (EADs) for renewal applications filed on or after October 30, 2025.
This IFR adds 8 CFR 274a.13(e) in the regulations, which ends automatic EAD extensions and requires that applicants for EAD renewal must wait for adjudication and approval before their employment authorization continues. This replaces the prior practice of automatic extensions of up to 540 days for applicants renewing an EAD in the same category.
Impact on Employers and their Workforces
This regulatory change will have broad operational and compliance consequences that employers need to prepare for, regardless of their business sector. Many critical industries rely on staff with EADs to fill essential roles – such as healthcare, technology, education, finance, hospitality, and agriculture – and may experience workforce disruptions and productivity losses. For example, healthcare providers, which are already particularly vulnerable, will face staffing challenges, exacerbating existing shortages and compromising efficient patient care.
Additionally, there will be Form I-9 compliance and reverification implications and heightened vigilance to avoid penalties associated with employing unauthorized workers. Foreign national workers should file EAD renewals with current EAD processing times in mind (currently 7 months or longer), as they will need to stop working if their EAD renewal application is not approved before their current EAD expires. Once an EAD expires, the person holding that EAD will no longer be permitted to work based on the pending, but not yet approved, extension.
What Employers Can Do Now
Employers should prepare for operational and personnel impacts immediately. Potential gaps in authorization could affect onboarding and retention of qualified foreign professionals critical to operations. Employees must file EAD renewal applications as early as eligible and prepare for potential gaps in employment authorization pending adjudication. USCIS recommends foreign nationals file a renewal application up to 180 days before their EAD expires; however, in practice, applications have been filed even earlier and have been approved. Filing timing should be discussed with an immigration attorney.
Some actions to consider taking:
- Audit I-9 records and establish renewal tracking systems to identify at-risk employees.
- Communicate early with foreign national staff to ensure timely filing of renewals.
- Assess contingency plans for critical roles potentially affected by EAD lapses.
- Monitor DHS updates, as this IFR invites public comment and may result in future adjustments.
Although the rule takes immediate effect on October 30, 2025, DHS has opened a comment period to accept feedback and may revise certain provisions in the future.
For a helpful reference, this table shows the impact of this IFR on EAD categories that were previously eligible for automatic extensions:
| Category | Extension (before Oct 30, 2025) | Extension (on/after Oct 30, 2025) |
|---|---|---|
| A03 (Refugee) | Up to 540 days | No automatic extension |
| A05 (Asylee) | Up to 540 days | No automatic extension |
| A07 (N-8/N-9) | Up to 540 days | No automatic extension |
| A08 (Micronesia/Marshall Islands/Palau) | Up to 540 days | No automatic extension |
| A10 (Withholding) | Up to 540 days | No automatic extension |
| A12 (TPS) | Up to 1 year or TPS duration | Up to 1 year or TPS duration (unchanged by IFR) |
| A17 (E Spouse) | Up to 540 days/I-94 expiry | No automatic extension |
| A18 (L-2 Spouse) | Up to 540 days/I-94 expiry | No automatic extension |
| C08 (Asylum Pending) | Up to 540 days | No automatic extension |
| C09 (AOS) | Up to 540 days | No automatic extension |
| C10 (Cancellation/NACARA) | Up to 540 days | No automatic extension |
| C16 (Continuous Residence) | Up to 540 days | No automatic extension |
| C19 (TPS Prima Facie) | Up to 1 year or TPS duration | Up to 1 year or TPS duration (unchanged by IFR) |
| C20 (Section 210 Legalization) | Up to 540 days | No automatic extension |
| C22 (Section 245A Legalization) | Up to 540 days | No automatic extension |
| C24 (LIFE Legalization) | Up to 540 days | No automatic extension |
| C26 (H-4 Spouse) | Up to 540 days/I-94 expiry | No automatic extension |
| C31 (VAWA) | Up to 540 days | No automatic extension |
Litigation and Legal Outlook
Because this is an Interim Final Rule (IFR) and not a proposed rule subject to notice and comment before taking effect, it bypasses the traditional pre-implementation comment period. This procedural choice often draws legal challenges, especially when stakeholders argue that immediate implementation is arbitrary or harmful. The administration has justified the interim rule being imposed without notice by claiming that automatic extensions of employment authorization are contrary to national security and prevent vetting of employment authorization applications, even though renewal applications, by definition, are being filed by applicants who have already been vetted during their initial application.
Given the widespread impact on employers and foreign national workers, litigation is likely. Employers and advocacy groups may seek relief, arguing that DHS's justification under the "good cause" exception is insufficient to skip the usual comment process. However, the rule remains enforceable while any litigation is pending, unless and until a court orders a preliminary injunction.
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.
