On October 29, 2025, the Department of Homeland Security (DHS) announced an interim final rule eliminating automatic extensions for certain Employment Authorization Documents (EAD). Individuals who file an impacted EAD renewal application on or after October 30, 2025 will no longer receive an automatic extension of their employment authorization.
Background
Previously, certain EAD holders like those with a pending permanent residence (green card) application or pending asylum applications were eligible for an automatic extension of their EAD for up to 540 days if they filed a renewal application before their current EAD expired. Individuals with an expired EAD could prove their extended work authorization by presenting an expired EAD with an eligible category for automatic extension and a Form I-797C Notice of Action receipt notice showing a timely filed renewal application in the same category.
Now, individuals who file an EAD renewal application on or after October 30, 2025 are no longer eligible for an automatic extension, exposing them to potential gaps in work authorization while their renewal application is pending.
Who is NOT impacted by this change?
- Individuals who filed for qualifying EAD renewals before October 30, 2025. These individuals remain eligible for the 540-day automatic extension of their work authorization.
- F-1 students on OPT who apply for STEM OPT. These students are still eligible for a 180-day automatic EAD extension under a different regulation that is not affected by the new rule. However, to qualify for the extension, the student must file the renewal application before the OPT EAD expiration date.
- F-1 students eligible for Cap-Gap OPT extension after winning the H-1B lottery, and filing an H-1B petition but before the H-1B petition is approved.
- E-2 and L-2 spouses without EADs. Spouses in E-2 or L-2 status do not need a valid EAD to work. If they choose to apply for an EAD and their EAD expires, they can continue to work as long as they have a valid I-94 that reflects “E-2S” or “L-2S” status.
- Certain beneficiaries of Temporary Protected Status. EAD automatic extensions are covered by specific regulation for each TPS designation, for up to 1 year beyond EAD expiration.
Next steps for employers
- HR professionals should update their I-9 compliance protocols and provide trainings to reflect the end of automatic extensions for most EAD categories where the renewal was filed on or after October 30, 2025.
- Employers should also closely monitor and prepare for lapses in their employees’ work authorization, including beginning the reverification notification process earlier.
- To avoid gaps in work authorization, employees should file their EAD renewal application as early as possible, generally 180 days before the EAD expiration date but may be earlier or later depending on the specific category.
Additional Information:
Harter Secrest & Emery’s Immigration practice group will continue to monitor the situation closely and provide updates as they become available.
Visit HSE’s Trump Administration Immigration Updates resource page for additional insights and resources.