11/17/25 DHS Ends Automatic Extensions of Employment Authorization

November 17, 2025

By Abby Fitts and Winslow Robinson

On October 30, 2025, the U.S. Department of Homeland Security (“DHS”) announced an interim final rule ending the practice of automatically extending employment authorization documents (“EADs”) for employees who file timely renewal applications. Under this new rule, employees who submit EAD renewal applications on or after October 30, 2025 will no longer receive an automatic extension and must instead wait for approval of the renewed EAD in order to continue employment in the country.

Before this change, timely EAD renewal filings for eligible employees triggered an automatic extension of work authorization for up to 540 days past the EAD’s expiration. This allowed applicants for authorization to keep working while the U.S. Citizenship and Immigration Services (“USCIS”) processed their renewal applications. USCIS recommend applicants file their renewal applications at least 180 days before their current EAD expires. This additional time is intended to accommodate the screening process and help prevent lapses in employment authorization.

The new rule does not apply to applicants whose EADs were automatically extended prior to October 30, 2025, or to individuals covered by specific laws or Federal Register notices, such as certain Temporary Protected Status beneficiaries and F-1 STEM OPT recipients.

Employers can no longer accept a receipt notice together with an expired EAD as proof of employment authorization for employees who would have previously qualified for an automatic extension. Employers should regularly review EAD expiration dates to ensure compliance with this rule and other immigration-related regulations. That said, employers are not required to track expiration dates for certain documents, such as U.S. passports, passport cards, permanent resident cards (“green cards”), or any documents listed on List B of the Form I-9.

Employees should plan ahead and submit EAD renewal applications well before their current authorization expires to avoid any gap in work eligibility. Employers should review EAD expiration dates regularly and ensure compliance with the updated DHS rules. Taking these steps now can help prevent disruptions to employment while adhering to federal regulations.

We are here to help. Please contact Abby Fitts at afitts@barran.com or 503-276-2190, or Winslow Robinson at wrobinson@barran.com or 503-276-2103, or your regular Barran Liebman attorney for assistance in employment authorization document compliance.