The work permit (EAD) automatic extension ends. The Department of Homeland Security (DHS) has announced a new interim final rule that officially ends the automatic extension of Employment Authorization Documents (EADs) for most renewal applications filed on or after Oct. 30, 2025.
With this new DHS EAD renewal rule, the agency emphasizes increaseed security by prioritizing the screening and vetting of foreign nationals before their employment authorization is extended.
To prevent a temporary lapse in work authorization, we strongly recommend that applicants file a timely renewal of their EAD (Form I-765) up to 180 days before the current document expires.
What Does Ending EAD Automatic Extensions Mean?
The rule announced by DHS effectively removes a safety net for individuals awaiting a decision on their Employment Authorization Document (EAD) renewal. For renewal applications filed on or after October 30, 2025, the previous practice of automatically extending the validity of an expiring EAD for up to 540 days will cease.
Aliens who file to renew their EAD on or after Oct. 30, 2025, will no longer receive an automatic extension of their EAD.
This means that if your EAD expires while your renewal application (Form I-765) is pending with USCIS, you will lose your employment authorization and must stop working immediately. The primary consequence is the increased likelihood of a temporary lapse in employment authorization or documentation if your renewal is not approved before the expiration date on your current EAD card.
This change places a renewed emphasis on aliens filing their renewal application (Form I-765) as early as possible—up to the 180-day recommended window—to maintain continuous work eligibility.
Impact: 540-Day Extension Reduced to 0 Days
This new DHS rule drasticarlly impacts work-authorized foreign citizens:
Affected EAD Categories
This rule impacts all categories previously eligible for the automatic extension, including many high-volume categories. Individuals renewing an EAD in these categories must now file early to avoid a work gap.
| EAD Category | Description |
|---|---|
| A10 | Withholding of Deportation or Removal Granted |
| A12 | TPS Granted |
| A17 & A18 | Spouses of principal E (E-2, E-2 Employee Visa, E-2 for Australians, E-2 for Canadians, E-2 for UK Citizens, E-1, E-3) and L-1 nonimmgrants (L-1 for Canadians, L-1 New Office), |
| C26 | H-4 Spouses of certain H-1B nonimmigrants |
| C08 | Asylum Application Pending |
| C09 | Pending Adjustment of Status (I-485 Applicants) |
| C10 | Cancellation of Removal Applicants |
| C31 | VAWA Self-Petitioners |
| Others | See the official USCIS list for the full list of impacted categories here. |
Digital Filing Option: File Online Now
Applicants in several impacted categories may be able to file Form I-765 renewal applications online to ensure immediate submission before the end of day today. Categories currently eligible for electronic filing include:
Key Date and Filing Window: How to Avoid a Lapse in Employment?
When to File Your EAD Renewal Application
Foreign nationals who file to renew their EAD on or after October 30, 2025, will no longer receive an automatic extension of their work authorization.
To mitigate the risk of experiencing a temporary lapse in your employment authorization or documentation, you should file a timely renewal of your EAD by properly submitting your application up to 180 days before your current document expires. The longer you wait past this 180-day window, the more likely you are to face a gap in employment eligibility.
Limited Exceptions to the Ending of Automatic EAD Extensions
While the DHS EAD renewal rule applies broadly, there are limited exceptions to this change. These exceptions include extensions provided by law or those announced through a specific Federal Register notice, such as for Temporary Protected Status (TPS)-related employment documentation. If your specific EAD category falls under one of these exceptions, the automatic extension may still apply, but applicants must always refer to the latest official guidance from USCIS.
Prioritizing Vetting: The Rationale Behind the New DHS EAD Rule
The purpose of this action is to prioritize the proper screening and vetting of foreign nationals before extending the validity of their employment authorizations. USCIS emphasizes that ending automatic extensions of EADs results in more frequent vetting to deter fraud and detect individuals with potentially harmful intent.
Why Partner with Malescu Law
This sudden change requires immediate legal review, especially for those in impacted categories like C08 (Pending Asylum), C09 (Pending Adjustment of Status), and C26 (H-4 Spouses), A17 & A18 (Spouse of E and L-1 visa holders)
Our immigration lawyers will assess your current EAD expiration date and filing history to determine if a pre-emptive filing is still possible today or what immediate steps are required to mitigate a work lapse.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
Contact us or schedule a consultation.
Protect Your Work Authorization Now
We will ensure your Form I-765 renewal is properly filed to give USCIS the maximum time for adjudication under the new rules. File your EAD renewal early to avoid a lapse in employment authorization.
Malescu Law P.A. – Business & Immigration Lawyers
