DHS Discontinues the Automatic Extension of Employment Authorization Documents

At a Glance

• Starting October 30, 2025, automatic extensions of Employment Authorization Documents (EADs) are discontinued for most categories.
• Limited exceptions remain, such as those provided by law or Federal Register notices for Temporary Protected Status (TPS)-related employment documentation

Introduction

On October 29, 2025, the Department of Homeland Security (DHS) announced an interim final rule that ends the automatic extension of Employment Authorization Documents (EADs or Form I-766) for individuals filing renewal applications in certain employment authorization categories. 

This change is effective October 30, 2025, but doesn’t affect EADs that were automatically extended before October 30, 2025, or that are otherwise automatically extended by law or Federal Register notice.

Impact

Employees who file to renew their Form I-766 EAD on or after October 30, 2025, will no longer receive an automatic extension of said EAD. There are, however, limited exceptions to this rule, including extensions provided by law or through a Federal Register notice for Temporary Protected Status (TPS)-related employment documentation.

If an employee's EAD expires, employers must reverify or update the employee's Form I-9 to reflect that the employee is still authorized to work in the United States. Employees must present unexpired acceptable documentation that demonstrates continued authorization to work no later than the date employment authorization expires.

If an employee can’t provide updated documentation, the employer must terminate their employment. Failure to properly reverify or update Form I-9 may result in penalties to employers.

Next Steps

• Employers must track EAD expiration dates and inform employees about the importance of filing renewal applications up to 180 days in advance to avoid a temporary lapse in employment authorization.
• An employee who doesn’t have or can’t present their employer with unexpired alternate evidence of employment authorization may lose their job.

U.S. Citizenship and Immigration Services (USCIS) will add appropriate information to the Notices of Action clearly indicating that it is not evidence of employment authorization and can’t be used by itself or in conjunction with an expired EAD as proof of employment authorization.

USCIS will also update I-9 Central on the USCIS website and the Handbook for Employers, M-274, to provide employees and employers with specific guidance on completing Form I-9.

The agency is accepting public comments on the interim final rule until December 1, 2025.