Department Of Homeland Security Ends Automatic Extension Of Employment Authorization Documents (EADs), With Limited Exceptions

In an unexpected statement on October 29, 2025, the U.S. Department of Homeland Security announced that as of the following day – October 30, 2025 – employment authorization will no longer be provided based on a pending, timely-filed application to renew an Employment Authorization Document (EAD). Employment authorization will only be permitted until the end validity date on the face of the EAD.

This guidance, published in an “Interim Final Rule”, is an abrupt change to DHS regulations that have been law for several years, which provided automatic extension of work authorization for 180 or 540 days to applicants in certain EAD categories who timely filed to renew their EAD card (meaning that the application was filed before the applicant's current EAD expired). In its announcement, the Department of Homeland Security stated they are ending this practice to ensure “proper vetting and screening” of applicants “before granting a new period of employment authorization and/or a new EAD.”

The regulatory changes do not apply to the following applications:

1. Applicants who filed EAD renewal applications with USCIS before October 30, 2025. EAD renewal applications filed before October 30, 2025, will be automatically extended as provided under the law at the time of filing.
2. Extensions of employment authorization provided through a Federal Register notice for TPS (Temporary Protected Status) related employment documentation.
3. Extensions provided separately by law, including automatic EAD extensions for F-1 students who have timely filed for a STEM OPT renewal.

EAD renewal applications may be filed up to 180 days before the current card expires. The immediate impact of this change is that employees working pursuant to EAD cards should ensure to file a renewal application as early as permissible to hopefully avoid or minimize any lapse in employment authorization.

As the full impact of this announcement is still being understood, employers should consult their Pryor Cashman attorney with any questions or concerns and to discuss how this guidance impacts their employees.

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