In yet another major policy shift, the Department of Homeland Security (DHS) has issued an interim final rule eliminating the automatic extension of existing work permits for thousands of immigrants. The new rule was published without notice and became immediately effective on Oct. 30, 2025.
Background
The interim final rule, Removal of the Automatic Extension of Employment Authorization Documents, affects many immigrants who must file an application with United States Citizenship and Immigration Services (USCIS) to receive an Employment Authorization Document (“EAD”). The EAD serves as prima facie evidence to employers that certain groups of immigrants are legally authorized to work.
USCIS processing times have increased exponentially over the years, making it all but impossible not only for a foreign national to avoid a gap in employment when seeking a renewal, but also for U.S. businesses to avoid losing essential employees due to bureaucratic delays. To reduce economic hardship to both immigrants and U.S. businesses, USCIS promulgated a regulation stating certain EAD renewal applicants were eligible for an automatic extension of employment authorization for up to 540 days, provided that certain conditions were met, mainly that the renewal application was timely filed.
Why USCIS is Reversing Policy
In the interim final rule, Secretary Kristi Noem of the Department of Homeland Security states that automatically extending the employment authorization of immigrants who timely file renewal applications is contrary to U.S. national security interests. These applicants – who were previously vetted and deemed eligible by the agency – can no longer receive extended employment authorization while their renewal applications are pending. Secretary Noem said the previous policy provided “a significant benefit to aliens without adequate vetting” and did not permit the agency sufficient time to “resolve potential hits of derogatory information in connection with the alien” before granting the benefit.
With few exceptions, individuals who file an application to renew their EAD will lose employment authorization at the end of the validity date on their current document. These individuals must stop working until their renewal application is approved or seek an alternative path to employment authorization.
Who Is Not Affected
- Foreign nationals who filed their EAD renewal applications before Oct. 30, 2025. Individuals with pending applications who were eligible for an automatic extension under the previous regulation will not retroactively lose this benefit.
- Foreign students who timely file STEM OPT applications are not affected. They remain eligible for an 180-day automatic extension of employment authorization.
- Foreign nationals who are employment authorized incident to their status or circumstance (e.g., Lawful Permanent Residents, Refugees, Asylees)
- Foreign nationals who are employment authorized incident to their status, but they are restricted to working for a specific employer (e.g., H-1B Temporary Workers, J-1 Exchange Visitors).
Who Is Affected
Foreign nationals who have not yet applied to renew their EAD, and who were previously eligible for an automatic extension of up to 540 days. These individuals are no longer able to present an application receipt notice with a facially expired EAD as evidence of continued employment authorization.
Employees who were previously hired or reverified with an automatic extension of employment authorization will not have this benefit retroactively terminated. However, upon the expiration of the 540-day period, the employee must present another acceptable document to show they are employment authorized. This document could be a renewed EAD or another combination of acceptable documents, whichever the employee prefers to use. USCIS will also update I-9 Central on the USCIS website and the Handbook for Employers, M-274, to provide employers and employees with additional guidance.
This rule marks a significant shift in immigration policy that will disrupt employment for thousands of legally authorized workers. While DHS frames it as a move toward clarity and enforcement, many advocates see it as a rollback of protections that helped immigrants navigate bureaucratic delays.
