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With only one day's notice, the DHS Interim Rule eliminates the automatic employment authorization document (EAD) extensions when filing an application for an extension on Form I-765. According to DHS, this rule is intended to strengthen identity verification, background screening, and vetting processes before extending work authorization
Beginning today, October 30, 2025, individuals filing to renew their EADs will no longer receive an automatic extension of their employment authorization. Once an EAD expires, applicants must stop working until USCIS issues a renewed card. Employers will be required to reverify I-9s with a new EAD and no longer with a receipt notice.
Who is affected? The rule impacts many categories of employment authorization including: A03: Refugees, A05: Asylees, A07: Certain parents/dependent children of special immigrants, A08: Certain citizens of Micronesia/Marshall Islands/Palau, A10: Granted withholding of removal, A12/C19: TPS beneficiaries and TPS applicants with temporary treatment benefits, A17: E-1/E-2/E-3 dependent spouses, A18: L-2 dependent spouses, C08: Pending asylum applicants, C09: Pending adjustment of status applicants, C10: Suspension of deportation/cancellation of removal applicants, C16: Creation of record applicants, C20/C22/C24: Legalization applicants, C26: H-4 dependent spouses, C31: VAWA self-petitioners.
The categories that impact most of our clients are H-4 spouses and pending adjustment of status applicants.
EADs not subject to the new rule: Please note that spouses of foreign nationals in L-1 status can get "L-2S" status and work incident to status without an EAD. This is also true for E-2 spouses who hold "E-2S" status. This rule does not impact F-1 OPT and STEM OPT EAD applications.
Renewal Recommendations: USCIS advises individuals to file their EAD renewal applications up to 180 days before their current EAD expires to avoid any lapse in employment authorization.
Recommendations for employers/employees:
- Take note of all employees working pursuant to EADs and start extensions 180 days prior to expiration date.
- Update I-19 procedures and compliance procedures for reverification. Employers can no longer use USCIS receipt notices for reverification.
- File renewals of EADs early (up to 180 days before expiration) and track USCIS processing times to minimize potential work disruptions.
This new rule will likely cause more foreign nationals with gaps in their employment authorization. To remedy this, there will be more requests for expedited processing based upon financial hardship. There is also the possibility of filing Writs of Mandamus to compel the USCIS to adjudicate the I-765 application.
We will continue to provide updates on this and other emerging changes to immigration laws that affect our clients. Please contact T&R if you have any questions or concerns.
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