On October 30, 2025, the Department of Homeland Security (“DHS”) ended automatic extensions of employment authorization documents (“EAD”) for certain foreign nationals. Previously, filing a timely renewal application would grant an automatic extension for certain categories of EADs. DHS will now prioritize proper screening and vetting of foreign nationals before granting EAD extensions.
Under the Biden administration, certain foreign nationals who held EAD authorization received an automatic extension of their work authorization for up to 540 days if they filed a timely renewal application using the Form I-765. These automatic extensions were crucial to cover gaps in employment authorization created by lengthy I-765 processing times.
The Interim Final Rule (“IFR”) states that timely filing a Form I-765 for EAD renewal will no longer grant an automatic extension of EAD validity for most foreign nationals, including but not limited to: H-4 spouses, asylum applicants, Violence Against Women Act self-petitioners and those with pending adjustment of status applications. According to DHS, the IFR is in place to deter immigration fraud and ensure foreign nationals with “harmful intent” are not improperly granted work authorization. The lack of automatic extensions will cause some applicants’ employment authorization to expire while the Form I-765 is still pending.
Who the Rule Does Not Affect
- STEM OPT extensions (180-day automatic extension remains in place);
- Renewal applications filed before October 30, 2025; and
- Other extensions granted by specific statutes or as specified by their respective Federal Register notices, including Temporary Protected Status-related employment documentation.
Practical Takeaways for Employers
- Prepare for lapses in EAD validity and plan for coverage in positions that may be affected by a temporary loss of work authorization;
- Work with employees to file renewal applications in a timely manner (up to 180 days in advance) to reduce the risk of lapsed EAD validity; and
- Update Form I-9 procedures to require reverification by the EAD’s expiration date.
If you have any questions or would like additional information on these topics, please contact:
- Michael Kim at (317) 977-1418 or mkim@hallrender.com; or
- Charlotte Fillenwarth at (317) 977-1476 or cfillenwarth@hallrender.com;
- Lindsay Ramsey at (317) 429-3637 or lramsey@hallrender.com;
- Moncerrat Alvarez Mora at (317) 977-1477 or mmora@hallrender.com; or
- Your primary Hall Render contact.
Hall Render blog posts and articles are intended for informational purposes only. For ethical reasons, Hall Render attorneys cannot give legal advice outside of an attorney-client relationship.
