- The US DHS interim final rule, effective October 30, 2025, changed how automatic Employment Authorization Document extensions work for foreign workers
- Workers who filed their EAD renewal before October 30, 2025 under eligible category codes may still qualify for a limited automatic extension period
- USCIS implemented the One Big Beautiful Bill Act on July 22, 2025, which directly affected the length and availability of automatic EAD extensions
The United States government has significantly reduced or eliminated automatic extensions of Employment Authorization Documents (EADs) following two major policy changes that took effect in 2025.
A Department of Homeland Security (DHS) interim final rule that became effective on October 30, 2025, ended the long-standing practice under which a timely-filed Form I-765 renewal application automatically extended an expiring EAD.
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The change means that, unless a separate law or Federal Register notice says otherwise, foreign nationals whose EADs expire can no longer count on their work authorisation continuing automatically while their renewal is pending.
The policy shift was compounded by USCIS implementing the One Big Beautiful Bill Act, Public Law 119-21, signed on July 4, 2025, on July 22, 2025. Together, the two changes have narrowed the circumstances under which automatic extensions apply.
Who still qualifies for an extension
Foreign nationals who submitted a Form I-765 renewal application under certain eligible employment category codes before October 30, 2025 may still be entitled to an automatic extension. Those who meet the requirements set out in 8 CFR 274a.13(d) can receive an extension of up to 540 days from the "Card Expires" date printed on the face of their EAD, covering the period while their renewal application remains pending with USCIS.
The 540-day extension applies only where the renewal was filed under an eligible category code and the filing was made before the October 30 cutoff date. Workers seeking to verify whether their category code qualifies are advised to check the category code printed on their current EAD.
What the rule change means for employers and workers
The practical effect for many foreign workers in the United States is that an expired or expiring EAD will no longer remain valid simply because a renewal application has been submitted on time. Employers who rely on EADs to verify the work eligibility of employees must take note of the new rules when completing I-9 employment verification to avoid compliance issues.
USCIS published the DHS interim final rule at 90 FR 48799 on October 30, 2025. Workers who are unsure about their eligibility for any remaining automatic extension should consult the applicable federal regulations or seek qualified legal advice.
US work permit rejections surge
Legit.ng earlier reported that the United States Citizenship and Immigration Services (USCIS) denied 35,767 work permit applications from foreign nationals seeking permanent residency between April and June 2026, pushing the denial rate to approximately 44%.
Source: Legit.ng
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