Important Update on Employment Authorization Documents

On October 30, 2025, the U.S. Citizenship and Immigration Services (USCIS), under the Department of Homeland Security (DHS), published an interim final rule eliminating the automatic extension of employment authorization documents (EADs) for renewal applications filed on or after that date.

At the heart of the change are two key points for individuals and employers to prioritize:

1. Timely renewal is now more critical than ever. USCIS strongly recommends that eligible applicants file their Form I-765 renewal up to 180 days before the current EAD expires. The agency emphasizes that “the longer a noncitizen waits to file an EAD renewal application, the more likely it is that they may experience a temporary lapse in their employment authorization or documentation.”
2. Existing automatic extensions remain unaffected. If your renewal application was filed before October 30, 2025, and you received an automatic extension under the previous rules, that extension remains valid. The new rule does not apply retroactively.

If you or your business rely on EADs, now is the time to plan. The attorneys at The Bernard Firm can guide you through filing timely renewals and maintaining compliance with the latest USCIS updates.

What’s Changing

Previously, certain EAD renewal applicants were eligible for an automatic extension of up to 540 days (or in some cases 180 days) after the “Card Expires” date on their existing EAD. Effective October 30, 2025, that automatic extension no longer applies to renewal filings made on or after that date. Instead, individuals must await adjudication of their renewal and issuance of a new EAD before continuing employment beyond the expiration date.

For businesses, universities, farms, and service companies that rely on immigrant employees, this change raises the risk of gaps in work authorization even when renewal applications are filed early and efficiently, because of long processing times at USCIS. To better understand how this update may affect your business operations, explore the firm overview page for more context on The Bernard Firm’s services.

Why the Update Matters for Employers and Workers

Companies across industries, from agriculture to construction to higher education, rely on employees whose work authorization is based on an EAD. The removal of automatic extensions means that compliance with Form I-9 verification is more important than ever. When an EAD expires and no valid extension applies, employment authorization lapses. Employers must proactively track renewal dates and check whether the employee has a new card or valid pending documentation.

If you hold an EAD and are eligible for renewal, you no longer have the safety net of automatic extension if you file too close to expiry. Because of USCIS backlogs, filing up to 180 days in advance is strongly advised. If you delay, you are more likely to face a gap in your documentation and work authorization, potentially affecting your job and your employer’s compliance obligations. You can learn more about these processes by visiting the immigration services section on our website.

Who Is Affected and Who Isn’t

This rule change affects individuals whose EAD renewal applications are filed on or after October 30, 2025, under categories that previously qualified for automatic extensions. Exceptions apply for specific individuals whose EADs were automatically extended before that date; those remain in force.

Some categories may still have specific extensions as allowed by law (for example, TPS-related EADs) or by a Federal Register notice.

What Steps Should You Take?

For Individuals

• Monitor your EAD expiry date and plan to file the Form I-765 renewal at least 180 days before that date.
• Promptly submit all required supporting materials so USCIS can adjudicate them promptly.
• File before October 30, 2025, if you are in a category that previously qualified for automatic extensions, to retain eligibility under the prior rule.
• Keep your employer informed about your renewal status to avoid employment disruptions.

For Employers

• Review your workforce to identify employees holding EADs that will expire soon or were renewed after October 30, 2025.
• Update your Form I-9 tracking procedures to reflect that automatic EAD extensions may no longer apply.
• If an employee’s EAD has expired and no valid extension applies, or if a new card is issued, do not allow the employee to continue working until proper authorization is resumed.

If you need help preparing renewal applications or understanding the impact on your organization, reach out through our contact page to schedule a consultation with our team.

How We Can Help

The Bernard Firm regularly supports businesses of all sizes, including farms, construction companies, service companies, and universities, as well as families and individuals with immigration matters. With a focus on business and family immigration law, our team can assist you in assessing the impact of this rule change, preparing timely EAD renewals, and reviewing compliance strategies. Visit our Meet the team page to learn more about the professionals who can assist you.

Stay Prepared and Protect Your Workforce

This update marks a significant shift, but by filing early, tracking renewal dates closely, and aligning employer compliance efforts, you may prevent unnecessary disruptions. If you have questions about how this affects your particular situation or wish to discuss a legal strategy, The Bernard Firm is ready to assist with your immigration needs. To learn more or request guidance, contact us today to secure your work authorization and compliance framework.