DHS Announces Changes to EAD Automatic Extensions

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On October 29, the Department of Homeland Security (DHS) announced its intention to end its policy of granting the “automatic” extensions of employment authorization (EAD) for certain categories, effective October 30, 2025.  

This sudden change means that individuals who timely file their application to renew their EAD on form I-765 will no longer receive a temporary, automatic extension of work authorization while awaiting the adjudication of their application to renew.  

What We Know 

  • The policy change eliminates the 180-day and 540-day “automatic” extension provisions for employment authorization documents (EADs) for impacted categories. 

  • The change is effective as of October 30, 2025, leaving applicants with virtually no time to file a renewal before the automatic renewal policy ends.  

  • Applicants awaiting renewal of EADs must now stop working once their current authorization expires, unless they receive formal approval for renewal. 

  • USCIS states that the change is intended to ensure stricter compliance and more accurate verification of employment eligibility. 

What Remains Unclear 

  • Whether DHS will implement transitional or grace periods for applicants whose EADs expire close to the policy effective date of October 30 

  • Whether DHS will permit any grace periods for applicants who will lose work authorization shortly after the October 30 effective date 

  • Whether USCIS will begin to accept EAD renewals more than 180 days prior to expiration 

  • How the change interacts with other immigration policies undergoing review, including whether USCIS will make any effort to process renewals within the 180-day pendency period. 

EP’s View 

This policy change represents a significant upheaval in employment authorization and renewal procedures for otherwise eligible non-immigrant employees, who will now be uncertain as to whether they can maintain employment in the US. Further, it is unclear how the end of the automatic extension policy aids in the screening and vetting process, particularly since the automatic extension seeks to temporarily extend the work authorization of someone who was already vetted through their initial application. Legal and advocacy groups are expected to challenge elements of the policy, particularly its effects on timely adjudication and workforce disruption. Employers and affected workers should prepare for potential delays and ensure close tracking of EAD expiration dates. 

Urgent Guidance for Employers and Employees 

  • Check EAD expiration dates: Individuals and employers should verify authorization dates and prepare for possible interruptions in work eligibility. 

  • File as early as possible: EAD applicants should file their renewals no later than 180 days prior to expiration (which still may not prevent an interruption in work authorization) 

  • Avoid assumptions about renewal: Do not presume continued work permission beyond EAD expiry. 

  • Review staffing plans: Identify employees at risk and make contingency arrangements to ensure compliance. 

  • Monitor for further updates: USCIS may issue clarifications, and advocacy efforts may result in interim relief or revised procedures. 

Key Takeaway 

This DHS action ends a long-standing benefit for noncitizen workers and further uncertainty for U.S. employers, increasing risks for job interruptions during EAD renewal periods. Employers and employees (including their employment-authorized dependents) should be proactive to avoid unauthorized employment and remain informed of further policy changes. Employers and foreign national employees should also be aware that this is separate from and does not impact the 240-day automatic extension provision for timely-filed I-129 petitions for non-immigrant employees, which is regulatory.