Ending of Automatic EAD Extensions
USCIS is ending the practice of automatically extending EADs (Form I-766) for individuals who file timely EAD renewal applications, effective October 30, 2025, when an interim final rule is expected to be published.
Important Changes
- Automatic extensions of Employment Authorization Documents (EADs) are ended for renewal applications filed on or after the publication date (October 30, 2025).
- The prior “up to 540-day automatic extension” based on a timely I-765 renewal no longer applies to new filings after the effective date.
- The already-granted automatic extensions will remain valid.
- Exceptions: TPS-related automatic extensions (provided by statute or specific Federal Register notices) are not affected.
- F-1 students' STEM OPT extensions are not affected.
Who is affected
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Most noncitizens who previously relied on automatic extensions while a renewal EAD (Form I-765) was pending—including common categories like adjustment applicants (C09), asylum applicants (C08), asylees (A05), refugees (A03), H-4 spouses (C26), E/L spouses (A17/A18), VAWA (C31), and others.
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Not affected: EADs or employment authorization that are automatically extended by law or by TPS-specific Federal Register notices.
Transitional rules
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If your renewal was filed before the publication date and you qualified for the up-to-540-day extension, that extension still counts until it ends (approval, denial, or max days).
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If your renewal is filed on/after the publication date, no auto-extension attaches to the receipt—work must stop at EAD expiration unless you have another, independently valid basis for work authorization/evidence.
What foreign workers should do now
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Calendar your EAD expiration and file renewals as early as allowed (USCIS generally suggests up to 180 days before expiry).
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Do not use your I-797C receipt notice to extend work authorization for renewals filed after the publication date.
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Explore alternative work-authorization paths
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Coordinate with your employer early on I-9 reverification timing to avoid a work interruption.
What employers/HR should do now
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I-9 reverification:
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For employees whose renewal was filed before the publication date and who met the prior criteria, an expired EAD plus qualifying I-797C may still evidence an automatic extension (through its original end date).
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For renewals filed on/after the publication date: do not accept an expired EAD + receipt for List A/ C. Reverify by the EAD expiration date or remove from active employment until acceptable evidence is presented.
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Audit & tracking: Update I-9 ticklers to reflect no new auto-extensions for post-publication filings; retrain staff and revise internal HR protocols.
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Avoid discrimination: Apply reverification uniformly; follow the DOJ guidance on document abuse and unfair documentary practices.
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