Your Immigration Attorney Files the H-1B. Who's Handling the I-9?
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For nearly a decade, employers had a reliable rule of thumb: when an employee's Employment Authorization Document (Form I-766, or EAD) was about to expire, a timely-filed renewal automatically extended their work authorization, and you simply re-verified later. As of October 30, 2025, that rule no longer applies to new renewals — and getting it wrong now creates a fineable Form I-9 error instead of a routine update.
A Department of Homeland Security interim final rule ended the automatic extension of EADs for renewal applications filed on or after October 30, 2025. The practical effect for HR teams: whether an employee gets an automatic extension now depends entirely on the date they filed their renewal — and that single date changes what you must do at reverification. This article explains the current rule, the documents you accept, and how to reverify correctly under the new framework.
The automatic extension of employment authorization is the mechanism that let certain employees keep working on an expired EAD while their renewal was pending. Under the interim final rule effective October 30, 2025, that automatic extension was eliminated for renewal applications filed on or after that date.
There are now two distinct groups of employees, split by filing date:
| When the employee filed Form I-765 (renewal) | Automatic extension available? |
|---|---|
| Before October 30, 2025 (timely filed, eligible category) | Yes — up to 540 days from the EAD's "Card Expires" date |
| On or after October 30, 2025 | No automatic extension — authorization ends on the card's printed expiration date |
For an employee in the second group, there is no grace period. If their EAD expires before USCIS approves the renewal, their employment authorization lapses on the expiration date printed on the card, and they must stop working until a new EAD is issued.
The up-to-540-day automatic extension has not disappeared. Per the USCIS Handbook for Employers (M-274), Section 5.0, employees with certain EAD category codes who timely filed their renewal before October 30, 2025 generally remain eligible for an automatic extension of up to 540 days from the "Card Expires" date while their renewal is pending.
Because EAD renewals can stay pending for months, many employees in your workforce filed before the cutoff and are still inside a valid 540-day extension window today. Their authorization is intact — you must not terminate or suspend them simply because the card's printed date has passed.
If you employ anyone on an EAD, the October 30 change means your reverification dates may now fall earlier than your records assume. The i9 Intelligence I-9 Risk Calculator helps you size the exposure across your roster, and a free compliance call walks through which employees need action first.
Reverification is recorded in Supplement B (Reverification and Rehire) of Form I-9. Your steps depend on which group the employee falls into.
The employee may present their expired EAD together with the Form I-797C, Notice of Action, showing the renewal was received under an eligible category. The combination documents continued authorization for up to 540 days from the card's expiration date. When you reverify, enter the new expiration date — calculated as 540 days from the "Card Expires" date — in Supplement B. Reverify again before that extended date passes.
An expired EAD plus a receipt notice does not establish continued authorization for this group. The employee must present a new, unexpired EAD or another acceptable List A or List C document before the current EAD's expiration date. If they cannot, you cannot continue to employ them past that date.
"The mistake we expect to see most is an employer accepting an expired EAD plus a receipt notice out of habit, without checking the filing date," says Patricia Duarte, Director of Compliance at i9 Intelligence. "Before October 30, that was correct. For a renewal filed after that date, it documents nothing — and ICE now treats a missing or invalid document entry in reverification as a substantive violation, not a technical one."
The rule change does not touch every category. Two carve-outs matter for I-9 purposes:
Temporary Protected Status (TPS) EADs are handled under their own separate rules and have been further limited by 2025 legislation; verify TPS-based authorization against current USCIS guidance for the specific country and category before reverifying.
The single most important control is to capture the renewal filing date, not just the card expiration date, for every employee on an EAD. Practical steps:
For the underlying mechanics of when and how to reverify, see our guide to I-9 reverification: when, how, and the penalties for getting it wrong, and for the document itself, what an EAD is and how it works on Form I-9.
Document-timing rules now change based on a single filing date, and the cost of a wrong call is a substantive I-9 violation. Our remote I-9 verification service completes Supplement B correctly for distributed teams, and our I-9 audit services review your existing EAD population for reverification errors before they become fineable.
Our US-based compliance team can help you map your EAD workforce and reverify correctly under the current rule.