The DHS has put an end to the practice of automatically extending certain Employment Authorization Documents (EADs) for renewal applicants, which is a significant change that employers need to take note of. The EAD automatic extension policy ended on October 30, 2025, which means that immigrant workers will now have to stay on track with seeking renewals to ensure their documentation holds good for the purpose of employment.
Violations and lapses in renewal could turn costly not just for workers, but for businesses that are found to employ workers without the necessary documentation. Undoubtedly, the regulations further complicate employment regulations within the US.
The DHS is ending the practice of automatically extending certain Employment Authorization Documents (EADs) for renewal applicants. (Image: Pexels)
DHS Ends Automatic EAD Extension Rule: What HR Needs to Know About the Change
The US Department of Homeland Security (DHS) has announced an interim final rule that ends the automatic extension of EADs or immigrant work permits in certain categories, according to a new report by the US Citizenship and Immigration Services (USCIS). For many immigrant workers in the US, their ability to work in the region hinges on the Employment Authorization Document, which acts as proof of authorization to seek employment.
What Did the EAD Automatic Extension Policy Previously Offer?
The automatic EAD extension policy was set in place as a way to address the USCIS chronic processing backlogs, initially offering 180 days of continued work authorization for timely filed renewals. It was expanded to 540 days in 2022, and the expansion was later formalized in December 2024, finally taking effect on January 13, 2025.
The Form I-765 authorization was available to certain foreign nationals in categories that included H-4 spouses, H-1B visa holders, refugees, asylees, Violence Against Women Act (VAWA) self-petitioners, and other sections of the immigrant population, as a way to seek continued employment without any lapses in the process.
What Are the Changes in the EAD Policy Through the Interim Final Rule?
EAD renewal applications (Form I-765) filed on or after October 30, 2025, by foreign nationals who were previously eligible for the maximum 540-day automatic extension of the EAD will no longer be able to rely on its auto-extension.
Renewals filed before October 30, 2025, remain eligible for the full 540-day extension if presented with the required documents, even if the EAD expires after the rule’s effective date. Existing extensions granted prior to October 30 are unaffected.
According to Ogletree, automatic employment extensions provided by the Federal Register notice for TPS-related (Temporary Protected Status) employment authorization or by law are not impacted by this interim final rule.
What Should Workers Do?
The USCIS department recommends that all eligible workers seek a timely renewal of their EAD by filing the necessary renewal applications up to 180 days before it expires. Holding off on the filings could lead to delays, leaving workers to risk a lapse in their documentation.
The DHS work-permit changes for 2025 were linked to the desire for greater public safety and increased frequency in vetting of immigrant workers. The USCIS post explained that reviewing worker backgrounds will allow it to “deter fraud” and detect workers with “potentially harmful intent so they can be processed for removal from the United States.”
What Does the End of the EAD’s Automatic Extension Policy Mean for HR?
Employees are expected to hire according to the regulations set forth by the state and federal governmental powers, and hiring unauthorized workers can be risky for a business. Workers in affected categories will be required to cease employment on the expiration of the EAD until a new card is approved. This will put their income at risk and also result in the loss of talent for an employer.
Experts warn that with extensive backlogs and added pressures on the USCIS, delays can be expected in approvals, potentially exacerbating labor shortages in tech, healthcare, and other sectors reliant on EAD holders. With the layoffs that have dominated the conversation this year, employers hoping to shift to hiring campaigns in 2026 could face considerable additional challenges in recruiting talent, particularly with the H-1B visa regulations also adding speed bumps to the efforts to bring in external talent.
Lapses in employees’ work authorizations could open businesses up to legal challenges with the government, hurting the business, its reputation, and its coffers.
Action Steps for HR to Prepare for the EAD Changes
The DHS work-permit changes for 2025 are just one example of the evolving regulations surrounding employment, and they emphasize the importance of staying up-to-date with the latest rules introduced by the government. Employers that want to stay out of trouble without losing any of their numbers can benefit from conducting regular audits. This process can help identify employees in the EAD category who will be affected by the DHS’ decisions to end automatic extensions.
Of course, taking a headcount is not enough. Urging eligible employees to submit Form I-765 renewals on time and stay up to date with their documentation is essential. Here, the provision of tools and resources to support them in completing the procedures can also be useful. To get a full sense of the impact on the business, turning to legal counsel on the arrival of such a change is always a good idea.
The arrival of such regulations can be met with public resistance, so it is also wise to keep an eye out for any litigation on the matter or any reversal of policy. Managing employees often requires more attention to the ins and outs of employment beyond just organizing the payroll, and with the rate of change occurring this year, watching out for updates is more important than ever.
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