Ending of Automatic EAD Extensions

 

USCIS is ending the practice of automatically extending EADs (Form I-766) for individuals who file timely EAD renewal applications, effective October 30, 2025, when an interim final rule is expected to be published. 

Important Changes

• Automatic extensions of Employment Authorization Documents (EADs) are ended for renewal applications filed on or after the publication date (October 30, 2025).
• The prior “up to 540-day automatic extension” based on a timely I-765 renewal no longer applies to new filings after the effective date.
• The already-granted automatic extensions will remain valid.
• Exceptions: TPS-related automatic extensions (provided by statute or specific Federal Register notices) are not affected.
• F-1 students' STEM OPT extensions are not affected.

Who is affected

• Most noncitizens who previously relied on automatic extensions while a renewal EAD (Form I-765) was pending—including common categories like adjustment applicants (C09), asylum applicants (C08), asylees (A05), refugees (A03), H-4 spouses (C26), E/L spouses (A17/A18), VAWA (C31), and others.
• Not affected: EADs or employment authorization that are automatically extended by law or by TPS-specific Federal Register notices.

Transitional rules

• If your renewal was filed before the publication date and you qualified for the up-to-540-day extension, that extension still counts until it ends (approval, denial, or max days).

• If your renewal is filed on/after the publication date, no auto-extension attaches to the receipt—work must stop at EAD expiration unless you have another, independently valid basis for work authorization/evidence.

What foreign workers should do now

1. Calendar your EAD expiration and file renewals as early as allowed (USCIS generally suggests up to 180 days before expiry).

2. Do not use your I-797C receipt notice to extend work authorization for renewals filed after the publication date.

3. Explore alternative work-authorization paths 

4. Coordinate with your employer early on I-9 reverification timing to avoid a work interruption.

What employers/HR should do now

• I-9 reverification:

  • For employees whose renewal was filed before the publication date and who met the prior criteria, an expired EAD plus qualifying I-797C may still evidence an automatic extension (through its original end date).

  • For renewals filed on/after the publication date: do not accept an expired EAD + receipt for List A/ C. Reverify by the EAD expiration date or remove from active employment until acceptable evidence is presented.

• Audit & tracking: Update I-9 ticklers to reflect no new auto-extensions for post-publication filings; retrain staff and revise internal HR protocols.

• Avoid discrimination: Apply reverification uniformly; follow the DOJ guidance on document abuse and unfair documentary practices.

Comment window

The public may submit public comments within 30 days of publication via Regulations.gov (DHS Docket No. USCIS-2025-0271).  However, DHS is invoking the "good cause" exception (for natonal security reasons) to issue this Interim Final Rule, meaning it takes effect immediately rather than after comment review.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)