Automatic Extension of Employment Authorization Ends: Compliance Guide for Employers

The Automatic Extension of Employment Authorization has officially ended as of October 30, 2025, changing how U.S. employers manage Form I-9 compliance for employees with expiring EADs.

The Department of Homeland Security (DHS) issued an interim final rule eliminating the automatic extension of employment authorization documents (EADs) for most renewal applicants. Effective immediately, individuals applying to renew their EADs will no longer receive an automatic 180-day extension of work authorization—unless they fall under specific exceptions.

What Changed on October 30, 2025?

Previously, eligible individuals who filed timely EAD renewal applications received an automatic extension of their expiring work authorization for up to 180 days. This rule allowed them to continue working while USCIS processed their application.

As of October 30, that automatic extension is gone for most categories. USCIS will now vet renewal applicants before granting continued work authorization.

Why USCIS Ended Automatic EAD Extensions

According to USCIS Director Joseph Edlow, the change is aimed at enhancing national security and fraud prevention:

“It’s a commonsense measure to ensure appropriate vetting and screening has been completed before an alien’s employment authorization is extended.”

DHS is prioritizing more frequent screening of foreign nationals to ensure they remain eligible to work in the U.S.

Which Employees Are Affected?

Any employee applying to renew an EAD on or after October 30, 2025, is subject to the new rule. This includes those in:

• Adjustment of status categories (e.g., green card applicants)
• Certain nonimmigrant visa categories with work authorization
• Other discretionary categories

Exceptions to the Rule

The rule does not apply to:

• Individuals whose EADs were already automatically extended before October 30, 2025.
• Extensions granted by law or Federal Register notices, such as Temporary Protected Status (TPS) beneficiaries.

Employers should carefully verify eligibility during the I-9 process.

Form I-9 and E-Verify Considerations

Handling Expired EADs During the Transition

Employers can no longer assume a 180-day extension based on a pending renewal after Oct. 30. If an employee’s EAD expires and the renewal hasn’t been approved, they are not authorized to work.

This may trigger Section 2 updates or even termination depending on how soon renewal approval is received.

Recommended Employer Actions

• Audit your workforce now for employees with EADs expiring soon.
• Encourage employees to file EAD renewals at least 180 days before expiration.
• Document communication about renewal deadlines and USCIS guidance to show good faith compliance.
• For E-Verify users: Watch for Tentative Nonconfirmations (TNCs) linked to EAD expiration mismatches.

How to Support Employees Filing EAD Renewals

HR teams should:

• Provide reminders and templates for early filing.
• Offer resources on USCIS processing times and online case status tools.
• Educate managers about how to handle upcoming I-9 reverifications under the new rules.

Stay Ahead of Compliance Changes

The end of automatic EAD extensions isn’t just a policy tweak—it’s a compliance risk multiplier. HR leaders and onboarding teams must act proactively to audit employment authorization timelines, revise internal I-9 procedures, and ensure employees are educated and supported.

Don’t wait for an audit or a missed re-verification to find out your process has gaps. Talk to a compliance expert today to review your current I-9 policies, identify risk areas, and build a renewal tracking plan that keeps your workforce secure and authorized.

Book a 15-minute I-9 compliance consultation with our team at i9 Intelligence.