The Department of Homeland Security (DHS) has announced a new interim rule that will end the automatic extension of the Employment Authorization Document (EAD) for most noncitizens who file their renewal on or after October 30, 2025.
Until now, applicants who timely filed Form I-765 could benefit from an automatic extension of up to 540 days while U.S. Citizenship and Immigration Services (USCIS) processed the request.
With the new rule that will take effect after it is published in the Federal Register, that automatic extension will no longer apply to cases filed after that date.
This change could affect thousands of individuals who are legally working in the United States thanks to their EAD and who depend on a timely renewal to keep their job and immigration status. If you need to understand the work permit process as a whole, see our guide on how to get employment authorization in the US.
What does the new DHS policy change?
According to the draft rule DHS plans to publish in the Federal Register, EAD renewals filed on or after October 30, 2025 will no longer receive automatic extensions.
Extensions that were already granted before that date will remain valid until they expire.
DHS said this measure is meant to strengthen security and eligibility vetting before authorizing employment for noncitizens.
In practice, it reverses the 2022 policy that temporarily expanded the automatic extension from 180 to 540 days to help USCIS work through pandemic-related backlogs.
Who will be most affected
This change will especially impact:
- Foreign workers with pending adjustment of status applications.
- Dependent spouses in H-4, E, or L-2 status.
- Asylum or refugee applicants.
However, DHS confirmed that some categories will continue to qualify for automatic extensions, such as beneficiaries of Temporary Protected Status (TPS) and certain humanitarian groups specifically designated through Federal Register notices.
What applicants and employers should do
In these scenarios we recommend:
- File the renewal early. USCIS advises filing Form I-765 up to 180 days before the current EAD expires to avoid a temporary loss of work authorization.
- Review alternative bases for employment authorization. In some cases, immigrants can keep working if they have a pending adjustment of status or active TPS. However, you should get individual legal guidance to confirm eligibility.
- Compliance for employers. Employers must closely monitor EAD expiration dates and complete proper I-9 compliance to avoid penalties for unauthorized hiring.
In any case, to confirm your options, it is best to speak directly with our immigration lawyers in New Jersey, who can evaluate your category and filing history.
Risks and consequences
Immigration practitioners are warning that eliminating the automatic extension could create work gaps lasting several months, because USCIS can currently take 8 to 12 months to approve a new EAD.
This may affect both the worker’s economic stability and his or her future immigration eligibility.
Planning renewals ahead of time and keeping all documentation in order will be essential to avoid interruptions or loss of employment.
How Curbelo Law can help
Curbelo Law, based in Ridgewood, New Jersey, provides full-service representation in immigration and employment-authorization matters. Our legal team can:
- File EAD renewals correctly and within the deadline.
- Assess whether the client qualifies for another basis of authorization (such as adjustment of status or TPS).
- Respond to Requests for Evidence (RFEs) or notices of intent to deny.
- Set up I-9 compliance programs for businesses that employ foreign workers.
Our experienced immigration lawyers in Ridgewood, New Jersey routinely appear before USCIS and DHS and can design a strategy to protect your status and your job despite this new DHS rule.
