The Department of Homeland Security (DHS) announced a new interim rule that will end the automatic extension of Employment Authorization Documents (EADs) for many immigrants who file renewal applications on or after October 30, 2025.
Until now, people 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 application.
Under the new rule, which will take effect after it is published in the Federal Register, that extension will no longer apply to cases filed after that date.
This change may affect many people who are lawfully working in the United States through their work permit and who rely on renewals to keep their jobs and maintain their immigration status.
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What Changes Under DHS’s New Policy
According to the preliminary 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 approved before that date will remain valid until they expire.
DHS explained that this measure is intended to strengthen security and verification checks before authorizing employment for noncitizens.
In practice, it reverses the 2022 policy change that temporarily expanded the automatic extension period from 180 to 540 days to reduce the backlog.
Who May Feel the Impact Most
The change will likely affect:
- Foreign workers with pending adjustment of status applications.
- Dependent spouses with H-4, E, or L-2 visas.
- Asylum or refugee applicants.
At the same time, DHS said some categories will continue to qualify for an automatic extension, such as beneficiaries of TPS (Temporary Protected Status) and certain humanitarian groups covered through Federal Register notices.
What to Do to Avoid Work Interruptions
With this change in mind, consider the following:
- File your renewal early. USCIS recommends filing Form I-765 up to 180 days before your current permit expires to reduce the risk of a temporary loss of work authorization.
- Review other work authorization options. In some situations, immigrants may be able to maintain authorization through a pending adjustment of status application or active TPS. Still, it is best to review your specific situation with legal counsel.
- Employer compliance. Employers should track EAD expiration dates and complete Form I-9 compliance to avoid penalties or fines for improper hiring.
To determine eligibility in your specific case, consider speaking with our New Jersey immigration lawyers.
Risks and Consequences
Immigration professionals warn that eliminating the automatic extension could create work gaps lasting several months, since USCIS may take a significant amount of time to issue a new permit.
This can affect both a worker’s financial stability and their future immigration planning.
Preparing your renewal early and keeping complete documentation will be key to avoiding interruptions or job loss.
How Curbelo Law Can Help
Curbelo Law, located in Ridgewood, New Jersey, provides comprehensive representation in immigration and employment matters. Our legal team can:
- file EAD renewals correctly and on time.
- evaluate whether you qualify for another basis for work authorization, such as adjustment of status or TPS.
- respond to Requests for Evidence (RFEs) or notices of denial.
- implement I-9 compliance programs for businesses with foreign national workers.
Our Ridgewood, New Jersey immigration law firm has experience with USCIS and DHS matters and provides personalized guidance based on each client’s circumstances.
