U.S. Citizenship And Immigration Services Ends Automatic Extensions Of Most Employment Authorization Documents

Highlights

• As of Oct. 30, 2025, the U.S. Department of Homeland Security (DHS) will no longer permit automatic extensions of most Employment Authorization Documents (EAD).
• With current processing periods for renewals spanning between six and 12 months, the new rule may significantly increase the risk of a lapse in work authorization.
• Barnes & Thornburg urges impacted inpiduals to file extensions as early as possible to avoid a lapse in work authorization and encourages employers to consult with legal counsel to assess the impact of this announcement on work authorization for employees who are not U.S. citizens or lawful permanent residents.

Last week, citing public safety and national security interests, the DHS announced an interim final rule terminating the regulatory provision that allowed automatic extensions for most EAD categories upon the filing of a timely renewal application. This change took effect immediately upon publication in the Federal Register, which occurred Oct. 30, 2025.

Prior Rule

Since May 2016, a variety of nonimmigrant groups and their employers have benefited from automatic extensions of work authorization based upon a timely filing of the extension. DHS initially granted this relief to F-1 visa holders completing the STEM Optional Practical Training (OPT) program and eventually expanded the policy to include H-4 spouses, Adjustment of Status applicants, refugees and asylees, Temporary Protected Status (TPS) holders, self-petitioners of benefits of the Violence Against Women Act (VAWA), and others. While the automatic extension initially permitted an additional 180 days of work authorization, the DHS lengthened the time to 540 days for select categories in May 2022.

Changes and Exceptions

Under the prior scheme, certain EAD categories received the benefit of automatic extensions provided the inpidual filed a timely renewal request. The new rule eliminated such automatic extensions unless one of the following circumstances apply:

• The extension is authorized by statute or regulation; or
• DHS issues a separate Federal Register notice authorizing an extension for a specific group (e.g. Temporary Protected Status (TPS) recipients).
  
  

Affected Inpiduals

Most renewal applicants who previously relied on the automatic extension regulation will be affected. Inpiduals whose continued work authorization depended on a timely-filed Form I-765 receipt, rather than a new unexpired EAD, will now need to secure a Form I-765 approval prior to the expiration of the current EAD to avoid a lapse in work authorization.

As noted, certain H-4 spouses, Adjustment of Status applicants, refugees and asylees, VAWA applicants, and others are among the work authorization categories affected by the end of automatic extensions.

Inpiduals Not Affected

Inpiduals who timely filed an EAD extension prior to the new rule will retain the benefit of the automatic extension. Likewise, categories benefitting from an automatic extension pursuant to statute will remain unaffected by the interim final rule.

For example, STEM OPT renewals are exempt from this change since a separate regulation authorizes the automatic extension for these inpiduals. Inpiduals holding work authorization based upon TPS benefit from a statutory automatic extension for up to one year or the duration of TPS, whichever is shorter.

Further, certain nonimmigrants with work authorization through a nonimmigrant visa category specific to their occupation, such as L-1, H-1B, O-1, and others, benefit from an automatic extension of stay and accompanying work authorization based upon the timely filing of an extension. These inpiduals will not be impacted by the change and will continue to hold work authorization for up to 240 days following the expiration date of their current petition or until USCIS issues a decision, whichever comes first.

Impact on Employers

As always, employers must comply with immigration laws relevant to work authorization and ensure employees hold valid and uninterrupted work authorization during their employment.

With the announcement of the interim final rule, Barnes & Thornburg encourages employers to remain diligent with respect to Form I-9 reverification timelines and reminders, as well as update internal compliance procedures accordingly.

Further, employers should identify employees with upcoming EAD expirations and confirm whether any statutory or category-specific extensions still apply. Absent such exceptions, an employer must cease to employ an impacted inpidual from the day after the EAD expiration date until the receipt of acceptable documentation confirming a favorable decision on a pending renewal. With current processing periods for EAD renewals spanning between six and 12 months, the new rule may significantly increase lapses in work authorization absent thoughtful planning.

Tieranny Cutler, independent contract attorney, contributed to this alert. 

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