Effective October 30, 2025, the U.S. Citizenship and Immigration Services (USCIS), through an interim final rule issued by the Department of Homeland Security, ended the practice of automatically extending certain Employment Authorization Documents (EADs) when renewal applications are filed in a timely manner. Previously, employees who timely filed EAD renewal applications could continue working while their new EAD was pending. Under the new rule, this automatic extension will no longer apply for renewal applications under certain categories that are filed on or after the effective date.

The rule change has important implications for employers, including:

• For renewal EAD applications filed on or after October 30, 2025, the automatic extension of the EAD is no longer available in most eligible categories. The rule does not affect automatic extensions previously granted for renewals filed before October 30, 2025. Those extensions remain valid. 
   
• Noncitizen workers in the affected categories must wait for full adjudication (i.e., Form I-765 approved and a new EAD card issued) before resuming or continuing employment if their previous EAD expires and they filed renewal on or after October 30, 2025.
   
• Employers can no longer rely on an expired EAD plus a receipt notice for a renewal filed on or after October 30, 2025, as sufficient to prove work authorization (for Form I-9 purposes) in most affected categories. 

Best Practices for Employers Moving Forward

The elimination of automatic EAD extensions introduces the possibility of temporary gaps in employee work authorization, which can disrupt workforce operations. To mitigate these risks, employers should take proactive measures to monitor EAD expiration dates, plan for possible delays, and maintain compliance with verification requirements. Below are some best practices to help navigate these changes:

• Encourage early filings: Employers and noncitizen employees should submit Form I-765 renewal applications as early as possible, generally up to 180 days before their current EAD expires. Timely filing is now more important than ever to help prevent work authorization gaps.
   
• Identify and track affected employees: HR and compliance teams should review their workforce to determine which employees fall within the categories affected by this rule, closely monitor expiration dates, and establish contingency plans in case adjudication is delayed.
   
• Maintain I-9 Compliance: Under the new rule, employers can no longer rely on the expired EAD and receipt notices as proof of automatically extended work authorization for renewals filed on or after October 30, 2025. Employers must ensure that any affected employees whose EADs expire after October 30, 2025, and who did not submit a renewal before that date provide valid, unexpired documentation to confirm their continued work authorization.

Check out our Immigration team’s analysis of recent policy changes and their implications for businesses by clicking here.

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