On October 29th, the Department of Homeland Security (DHS) announced an interim final rule – effective, October 30th – that ends automatic extensions for employment authorization documents (EADs) for individuals filing renewal applications in most categories. Per USCIS, some aliens in certain employment eligibility categories who timely filed Form-I-765, Application for Employment Authorization before October 30, 2025, to renew their employment authorization and/or EADs with one of the eligible category codes may receive automatic extensions of their employment authorization and/or EADs for up to 540 days while their renewal applications remain pending.
Those who file(d) their EAD renewal applications on or after October 30, 2025, are not eligible to receive an automatic extension of their employment authorization and/or EAD. Automatic extensions of employment authorization and/or EADs only apply to renewal requests timely filed before October 30, 2025.
Those who timely and properly file(d) their EAD renewal applications before October 30, 2025, may be eligible to receive an EAD extension of up to 540 days. The extension begins on the “Card Expires” date on face of their EAD and generally continues for up to 540 days as applicable, or until USCIS adjudicates the renewal application, whichever comes earliest. An automatic extension of employment authorization and/or EAD validity depends on eligibility requirements including but not limited to employees must have timely and properly filed an application to renew their employment authorization and/or EAD on Form I-765, before their EAD expires, and the Form I-765 EAD renewal application remains pending. There is an exception for employees with EADs based on Temporary Protected Status (TPS)(A12 and C19), whose EAD renewal applications were filed during the re-registration period described in the Federal Register notice applicable to their country’s TPS designation, in this instance they may receive the automatic extension, even if their renewal application was filed after the expiration date on the EAD. For more information on how the change in automatic EAD extensions impacts your employee(s), check the USCIS.gov website and/or contact legal counsel.