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On October 30, 2025, the U.S. Department of Homeland Security (DHS) published an Interim Final Rule (IFR) immediately ending the automatic extension of Employment Authorization Documents (EADs) for most noncitizens who timely file renewal applications. This change significantly alters long-standing USCIS policy and may result in employment authorization gaps for affected workers, creating new compliance and operational challenges for employers.
Effective immediately, foreign nationals who file EAD renewal applications on or after October 30, 2025 will no longer receive an automatic extension of their employment authorization while their applications are pending, with limited exceptions.
The IFR affects a wide range of EAD categories, including but not limited to: refugees; asylees; N-8 or N-9 dependent children/parents; citizens of Micronesia, Marshall Islands or Palau; withholding of deportation or removal granted; E-1/E-2/E-3 dependent spouses; L-2 dependent spouses; pending asylum applicants; pending adjustment of status applicants; suspension of deportation/cancellation of removal applicants; creation of record applicants; legalization applicants; H-4 dependent spouses; VAWA self-petitioners.
The IFR does not affect EADs that were automatically extended based on timely renewal filings before October 30, 2025, and automatic extensions provided by law or regulation, including:
- TPS-related extensions issued via Federal Register notice; and
- STEM OPT extensions, which remain subject to a 180-day automatic extension under existing regulations.
While DHS has committed to improving processing times, the elimination of automatic extensions removes a key safeguard that previously helped employers maintain workforce continuity during adjudication delays. Employers should take immediate steps to mitigate the risk of work authorization lapses and I-9 noncompliance:
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Identify Affected Employees: Audit your workforce to determine which employees rely on EADs and may be impacted by the IFR.
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Encourage Early Filing: USCIS recommends filing EAD renewals up to 180 days before expiration. Reinforce this timeline with employees.
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Update I-9 Protocols: HR teams should revise I-9 reverification procedures to reflect the end of automatic extensions for most categories. Receipt notices dated October 30, 2025, or later, can no longer be used to extend work authorization.
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Re-Evaluate Current Policies: Employers should understand the new IFR and its implications for onboarding, suspension, and termination policies. Employers will need to decide if they will allow for suspensions instead of terminations, and for how long.
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Plan for Disruption: Employers should prepare contingency plans for critical roles that may be affected by delayed EAD adjudications.
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