DHS Ends Automatic Extension of Employment Authorization
The Department of Homeland Security has announced an interim final rule, to be published on October 30, 2025, ending the practice of automatically extending employment authorization documents for individuals filing EAD renewal applications in certain employment authorization categories.
The forthcoming DHS rule applies to EAD categories eligible for automatic extensions under 8 CFR 274a.13(d), including but not limited to:
- (A10) – Individuals granted Withholding of Deportation or Removal
- (A12) – Individuals granted Temporary Protected Status (TPS)
- (A17) – Spouses of principal E nonimmigrants
- (A18) – Spouses of principal L-1 nonimmigrants
- (C08) – Asylum applicants with pending applications
- (C09) – Applicants for Adjustment of Status (Form I-485)
- (C10) – Applicants for Suspension of Deportation or Cancellation of Removal
- (C26) – Spouses of H-1B nonimmigrants (H-4 dependent spouses)
- (C31) – VAWA self-petitioners
Not impacted:
- F-1 STEM OPT extension applicants, who remain eligible for the 180-day automatic extension under a different regulatory provision.
Individuals who file to renew their EAD in one of the impacted categories on or after October 30, 2025, will no longer receive an automatic extension of their EAD. There are limited exceptions to this rule, including extensions provided by law or through a Federal Register notice for TPS-related employment documentation.
In light of this new rule, we strongly recommend that EAD applicants file their EAD renewal applications as soon as eligible, which is 180 days before their EAD expires. The longer an EAD renewal applicant waits to file their I-765 application, the more likely it is that they may experience a temporary lapse in their employment authorization or documentation.
If you have any questions, please contact your McCown & Evans attorney.