DHS Ends Automatic Extension of Certain EAD Cards: What Employers Need to Know

On October 29, 2025 the Department Homeland Security (DHS) announced an interim final rule to end the practice of automatically extending employment authorization documents (EAD) for certain employment authorization categories during the renewal process. The interim final rule is effective October 30, 2025.

Prior to this announcement, EAD applicants in certain eligibility categories received an automatic extension of their EAD card for up to 540 days after the timely filing of a renewal application.  On or after October 30, 2025, applicants who file to renew their EAD, will no longer receive an automatic extension of the EAD while the case is pending. There are limited exceptions to this rule, including extensions provided by law or through a Federal Register notice for TPS-related employment documentation.

WHAT EMPLOYERS NEED TO KNOW

The interim final rule does not affect EADs automatically extended before October 30, 2025.  Any EAD application filed prior to the effective date will still be eligible for automatic extension.  Going forward, it is imperative that applicants seek a timely renewal of their EAD by properly filing a renewal application up to 180 days before their EAD expires.  Employers should be prepared for possible gaps in work authorization for employees who are authorized for employment pursuant to an EAD.

For additional information, please contact your designated Gibney representative or email info@gibney.com.