DHS Ends Automatic Extension of Employment Authorization: What You Need to Know

On October 29, 2025, the Department of Homeland Security (DHS) announced an interim final rule that will end the automatic extension of employment authorization documents (EADs) for most renewal applicants effective October 30, 2025.

In this post, we’ll unpack what’s changing, who it affects, the rationale behind the change, and what individuals and employers should do to prepare.

What was the previous policy?

Historically, noncitizens who held valid EADs (Form I-766) and timely filed a renewal application (Form I-765) before their current EAD expired often automatically received continued employment authorization while the renewal was pending. This “automatic extension” policy served as a buffer to prevent employment gaps.

These policies helped many workers avoid a lapse in authorization while waiting for processing of their renewal application.

What is changing now?

Starting October 30, 2025, the automatic extension of work authorization for most renewal applicants will end.

What to know

If you file your I-765 renewal on or after October 30, 2025, you will not receive an automatic extension of your EAD for most categories.
The rule affects many categories of renewal applicants, including (but not necessarily limited to) those applying under asylum, adjustment of status, H-4 dependent spouses (EAD category C26), etc.
Automatic extensions that were already granted (for renewal applications filed before the cut-off) remain valid.
Some limited exceptions remain, notably for certain categories such as those tied to TPS (Temporary Protected Status) where automatic extension may still be provided by law or Federal Register notice.

In short, you will not be authorized to keep working simply because you filed a renewal — you must wait for the new EAD to be approved by USCIS.

Who is affected?

Affected Groups

The change has broad impact for noncitizens who rely on EADs (rather than employment incident to status).

Some of the commonly affected categories include:

Individuals applying to renew EADs based on pending adjustment of status (Form I-485) (category C09) or asylum applicants (C08) where they rely on the EAD for work.
Dependents holding EADs under H-4 spouse category (C26) whose renewal filings will no longer be covered by automatic extension.
Others in similar non-immigrant or humanitarian categories whose employment authorization hinges on an EAD rather than H-1B, L-1, etc.

Less Affected Groups

Noncitizens whose employment is “incident to status” (for example H-1B holders, L-1 holders, their dependents with status-based work authorization) and therefore do not rely on an independent EAD may not be directly impacted.
Those whose renewal filings were submitted before October 30, 2025, and who qualify under prior automatic extension rules are unaffected by the new cut-off.
Some categories, like certain TPS recipients, may still have an automatic extension by law or separate notice.

How to Prepare for this Change

For individuals (EAD holders or renewal applicants)

File early to renew EAD. You should submit your EAD renewal (Form I-765) as early as possible — it is recommended to renew up to 180 days before expiration.
Prepare for a possible work gap. Since automatic extensions are ending for many categories, if your current EAD expires and your renewal is still pending, you may not be authorized to work until approval. Employers may ask you to stop employment during the gap.
Stay informed of your category’s eligibility. The specifics of whether your EAD renewal category is impacted is critical — consult with an immigration attorney if you’re uncertain.
Maintain status. If you have other status that authorizes employment “incident to status,” ensure you maintain that status and understand how the EAD change might affect you.

Bottom Line

The automatic extension safety net for most EAD renewal applicants will end. Timely filing and careful planning are more critical than ever. The decision shifts more burden to individuals (and their employers) to avoid work gaps during the renewal process.

If you or your employees rely on EADs for employment authorization, now is the time to review your renewal timelines, consult with immigration counsel, and build contingency plans for any possible employment gap.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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