End of automatic EAD extension: changes and alternatives

DHS announced an Interim Final Rule that ends the automatic extension of the Employment Authorization Document (EAD) for renewals filed as of October 30, 2025. From that date, before extending the validity of the permit, USCIS will conduct prior screening and vetting. The measure is not retroactive: automatic extensions already granted remain in force until their deadline according to the guidance in effect at the time they were issued.

For EAD holders, the critical point is the date on which USCIS receives the renewal. If the filing was before 10/30/2025, the prior framework applies (including the extension of up to 540 days if it applied). If it was on or afterthat date, there will be no automatic extension, except for exceptions provided by law or formal notices (such as certain TPS scenarios). In practice, this introduces a real risk of work interruptions if the new EAD is not approved in time.

For employers and HR teams, the impact is operational and compliance-related: you can no longer assume automatic continuity of authorization simply because Form I-765 was filed. I-9 processes must be adjusted to verify updated evidence (valid EAD, I-797C, Federal Register notices when TPS exists) and to prevent non-matches in E-Verify. Industries with a high share of EAD-based talent (healthcare, technology, research, humanitarian organizations) will feel the planning pressure more intensely.

What we recommend from LOIGICA® (individuals):

File early: ideally up to 180 days before the EAD expires.
Document and keep records: current EAD, I-797C, and, if applicable, the Federal Register notice (TPS A12/C19).
Prepare scenarios: if your EAD expires before approval arrives, there could be a mandatory pause in your employment; review migration alternatives or eligibility for extensions under law.
Legal support: a personalized renewal calendar reduces the risk of gaps and documentation errors.

What we recommend from LOIGICA® (employers/HR):

Update I-9 policies and workflows: include checks for the renewal receipt date, not only the EAD expiration date.
Train verifiers: reading applicable TPS notices and correct interpretation of I-797C.
Continuity plan: automatic reminders, expiration dashboards, and coordination with E-Verify to avoid interruptions.
Preventive audit: an internal I-9 review and of sensitive positions minimizes contingencies and talent loss.

How we support you (LOIGICA® services):

Express assessment of eligibility and risks by category (e.g., adjustment of status applicants, H-4/L-2 with EAD, asylum, TPS).
Renewal calendar and alerts integrated with your operation (individuals and companies).
I-9/E-Verify audit and evidence protocols for inspections or self-audits.
Monitoring of TPS notices and communication of changes impacting employment.
Work-continuity strategies where risk windows exist (e.g., temporary reassignments, coverage plans, substitute documentation permitted by regulation).

Next step. If you rely on an EAD or manage teams with EAD, this is the moment to plan. At LOIGICA® we support you with legal judgment, migration and corporate planning aligned to objectives, and orderly execution to protect work continuity and compliance.