DHS announced an Interim Final Rule that changes how Employment Authorization Document (EAD) renewals work: for renewals filed on or after October 30, 2025, automatic extensions will no longer apply to certain categories. From that date forward, USCIS will complete screening and vetting before any extension of EAD validity. The policy signal is clear: tighter controls before allowing employment authorization to continue.

For EAD holders, this means planning ahead. USCIS advises filing renewals up to 180 days before expiration to reduce the risk of temporary gaps in employment authorization or documentation. The later a renewal is filed, the higher the chance of an interruption while the case is pending. This operational guidance becomes critical in workplaces where continuity depends on compliance checks and internal controls.

The measure is not retroactive. If a person already received an automatic extension under the prior framework, that extension remains valid under the rules in place when it was granted, including the up-to-540-day window USCIS implemented in 2024 to ease backlogs. In practice, the pivot point is not the EAD expiration date but the date USCIS received the renewal: filings received before 10/30/2025 follow the prior guidance; filings on or after that date have no automatic extension except where specified by law.

There is an important carve-out: Temporary Protected Status (TPS). Individuals covered by TPS may receive automatic EAD extensions when provided by statute or through country-specific Federal Register notices. The details live in each country’s notice and in the instructions for I-9 verification (categories A12/C19). As a best practice, always confirm the latest TPS notice and cross-check it against the I-797C receipt and the EAD card.

For employers and HR teams, the change requires adjusted timelines and updated training. Do not assume that a renewal filed on or after 10/30/2025 preserves employment authorization by default. Internal I-9 procedures should build in closer evidence review and, when TPS or another exception applies, verification of the relevant notice. If your organization uses E-Verify, align timing and resolve documentation mismatches that may surface during the transition to avoid work disruptions.

Bottom line for people and companies: anticipate and document. EAD holders should file the I-765 early, keep all evidence handy, and coordinate with their employer. Employers should refresh I-9 policies, train staff to read TPS notices, and formalize reminders and renewal checklists. With this preventive approach, stakeholders can navigate the new regime without unnecessary interruptions.

Sources & Official Links

• Federal Register – Removal of the Automatic Extension of Employment Authorization Documents (10/30/2025): (https://www.federalregister.gov/documents/2025/10/30/2025-19702/removal-of-the-automatic-extension-of-employment-authorization-documents)

• USCIS – News Release DHS Ends Automatic Extension of Employment Authorization: (https://www.uscis.gov/newsroom/news-releases/dhs-ends-automatic-extension-of-employment-authorization)

• USCIS – Handbook for Employers (M-274) §5.0 (Automatic extensions): (https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/50-automatic-extensions-of-employment-authorization-andor-employment-authorization-documents-eads-in)

• USCIS – M-274 §5.1 (Timely-filed renewal extensions): (https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/50-automatic-extensions-of-employment-authorization-andor-employment-authorization-documents-eads-in/51-automatic-extensions-based-on-a-timely-filed-application-to-renew-employment-authorization)

• USCIS – M-274 §5.3 (Automatic EAD extensions for TPS): (https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/50-automatic-extensions-of-employment-authorization-andor-employment-authorization-documents-eads-in/53-automatic-ead-extensions-for-temporary-protected-status-tps-beneficiaries)

• USCIS – TPS Overview: (https://www.uscis.gov/humanitarian/temporary-protected-status)

• USCIS – News (04/04/2024) USCIS increases automatic extension…: (https://www.uscis.gov/newsroom/news-releases/uscis-increases-automatic-extension-of-certain-employment-authorization-documents-to-improve-access)

• Federal Register (12/13/2024) Increase of the automatic extension period…: (https://www.federalregister.gov/documents/2024/12/13/2024-28584/increase-of-the-automatic-extension-period-of-employment-authorization-and-documentation-for-certain).

Consult LOIGICA®. If you need to assess your case or tune I-9/E-Verify processes, schedule a consultation with our team to design a renewal and verification plan tailored to your situation.
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