USCIS Ends Automatic Extension of Employment Authorization Documents

On October 30, 2025, the United States Citizenship and Immigration Services office (USCIS) announced a change in the way Employment Authorization Documents (EAD) are processed. The change appears to align with the Trump administration’s philosophy on immigration.

Prior to this change, certain foreign nationals were eligible for an automatic 540-day extension of work authorization as long as they filed their application for renewal in a timely and proper manner. When the 540-day extension was put in place in 2024, USCIS estimated that nearly 800,000 renewal EAD applicants would be in danger of losing work authorization due to USCIS’ processing times.

The new rule, effective October 30, 2025, applies to any renewal applications filed after the effective date, with some exceptions, such as:

• Applicants with Temporary Protected Status (TPS) granted
• Certain pending TPS applicants determined by USCIS to be eligible for TPS and who can receive an EAD as a “temporary treatment benefit”
• F-1 International students with Science, Technology, Engineering, and Mathematics Optional Practical Training (STEM OPT)

All other categories, including refugees, people with pending asylum applications, and Violence Against Women Act self-petitioners, will be affected by the new rule.

What Does This Mean for Employers?

The latest change could affect employers in both hiring and retaining employees who depend on an EAD. Prior to October 30, new hires using an EAD to complete their I-9 Form could present an EAD card past its expiration date as long as they had the appropriate accompanying documentation (usually Form I-797) indicating a renewal had been applied for, and an automatic extension was granted. Going forward, any renewal application must be dated prior to October 30, 2025, in order for an automatic extension to apply. Otherwise, those impacted will need an unexpired EAD card in hand to be eligible for hire and/or to continue working.

Employers with current EAD employees should be aware of their work authorization’s expiration dates. Employees with upcoming expiration dates who have not applied for a renewal risk the continuity of their employment. Considering the long processing times for extensions and other applications currently handled by USCIS, some sources recommend filing for extensions up to six months prior to the expiration date. For those who are behind schedule in the process, USCIS offers premium processing service, or they can try contacting their representative in Congress to try to expedite the process.

Keep in mind that hiring or continuing to employ an individual who is not authorized to work in the United States is against the law. This means that employers could find themselves in a position where they have to terminate an employee who let their authorization lapse while expecting an automatic extension.

Next Steps

Consistent I-9 processes during the onboarding process can help employers stay compliant with federal laws. While the USCIS has not updated its I-9 guidance yet, updated guidelines should follow soon after the release of the new rule.

I-9 audits can also help identify any EADs with upcoming expiration dates so employers can communicate with employees before it becomes an issue.

Up until now, the federal government has focused the majority of its enforcement efforts on migrants rather than aggressively targeting employers. This latest development presents another pitfall for employers that could be costly in the event of an I-9 inspection by Immigration and Customs Enforcement (ICE).

CEA Can Assist You!

CEA has a team of HR Advisors that can assist your company with I-9 audits, Harassment Prevention Training, and other resources. Give us a call at 800.399.5331 to get started.