This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Loan Huynh is an active member.
The rule does not affect the validity of Employment Authorization Documents that were automatically extended before October 30, 2025, or that are otherwise automatically extended by law or through a Federal Register notice, such as for Temporary Protected Status-related employment documentation.
Effective October 30, 2025, an interim final rule published the same day ends the automatic extension of certain Employment Authorization Documents (EADs) (Forms I-766) for those who have timely filed an application to renew an EAD in certain employment authorization categories. The Department of Homeland Security (DHS) said the rule does not affect the validity of EADs that were automatically extended before October 30, 2025, or that are otherwise automatically extended by law or through a Federal Register notice, such as for Temporary Protected Status (TPS)-related employment documentation.
DHS noted that certain situations "continue to extend the validity period of a facially expired EAD." An EAD is extended when an EAD beneficiary:
- Presents a Form I-797C, Notice of Action, receipt notice showing timely filing of a renewal EAD application before October 30, 2025. Such EADs maintain an up-to-540-day automatic extension;
- Presents an EAD that has been automatically extended by a Federal Register notice for TPS category A12 or C19 EADs; or
- Is covered under other EAD extensions provided by law, such as the Optional Practical Training extension for science, technology, engineering and mathematics students (STEM-OPT) or the F-1 to H-1B cap-gap.
Dependents who have work authorization based on their immigration status, such as L-2 and E spouses, are not included in this change. These individuals are authorized to work based on their underlying status, not the validity of an EAD. While some may still choose to apply for an EAD for documentation purposes, the expiration of that card does not terminate their work authorization, which continues as long as their status remains valid.
Employers may want to consider:
- Auditing I-9 records and establishing a renewal tracking system to identify at-risk employees.
- Communicating early with foreign national staff to ensure timely filing of renewals (which currently take seven months or more).
- Assessing/developing contingency plans for critical roles potentially affected by EAD lapses.
- Monitoring DHS updates, since the rule invites public comment, which could result in future adjustments.
Given the expected widespread impact on employers and foreign national workers, litigation is likely. Comments on the interim final rule are due by December 1, 2025.
