The Department of Homeland Security (DHS) announced on Oct. 29, 2025, it is ending the practice of USCIS automatically extending validity of employment authorization documents (EADs) of foreign nationals who have timely filed filing renewal applications in certain employment authorization categories. Such foreign nationals will need a formal approval of their renewal application and receipt of a new physical EAD.
Under the automatic extension practice, foreign nationals who had timely filed an application to renew their EAD in certain categories would receive an automatic extension of their employment authorization validity anywhere between 180 days through 540 days from the expiration date of their current EAD, while their renewal application are pending.
DHS states that ending this practice will better allow the “proper screening and vetting” of foreign nationals, as well as fraud detection.
Under the new interim final rule, as of Oct. 30, 2025, foreign nationals who file to renew their EAD will no longer receive an automatic extension of their employment authorization. Rather, they would need to wait for a formal approval of their renewal application and receipt of a new physical EAD to extend their employment authorization.
DHS has identified limited exceptions to the interim final rule, including extensions provided by law or through a Federal Register notice for Temporary Protected Status-related employment documentation. Further, DHS has confirmed that the interim final rule does not affect EADs automatically extended prior to Oct. 30, 2025.
In light of these changes, USCIS advises that foreign nationals should apply to renew their EADs as soon as possible, up to 180 days before their current EAD expires. Foreign nationals who may be eligible to renew their EADs under premium processing, may wish to do so. These actions can help minimize any potential lapse in their employment authorization.
However, due to the unpredictable fluctuations in EAD processing times and the limited availability of premium processing or expedited review in most employment authorization categories, temporary lapses in employment authorization may occur, even for foreign nationals who file an EAD renewal application at the earliest possible instance.
Jackson Lewis attorneys will continue to monitor these developments. If you have questions regarding the interim final rule’s impact or applicability, reach out to your Jackson Lewis attorney.