DHS Ends Automatic Work Permit Extensions, Creating New Challenges for Foreign Workers

The Department of Homeland Security published an interim final rule on October 30, 2025, that eliminates automatic work authorization extensions for most employment-authorization document renewal applicants. This policy change represents a fundamental shift in how foreign nationals maintain their legal working status in the United States and requires immediate adaptation from both employees and employers.

Under the previous system, many foreign workers whose EAD renewal applications were filed on time qualified for automatic extensions of their existing work authorization, typically lasting up to 540 days while their renewal was being processed. The new rule, which applies to renewal applications filed on or after October 30, 2025, removes this safety net for most EAD categories. This means that individuals who previously relied on the automatic extension provision now face the real possibility of employment interruptions if their renewal processing extends beyond their current EAD expiration date.

United States Citizenship and Immigration Services now recommends filing renewal applications up to 180 days before the current EAD expires, a significant departure from previous filing practices. Even with early filing, processing delays at USCIS may still result in gaps between work authorization periods. The consequences of working after an EAD expires and before renewal approval could be severe, potentially jeopardizing an individual's immigration status and eligibility for future benefits.

According to DHS and USCIS officials, ending the automatic extension practice enables more thorough screening, background checks, and vetting of applicants before continuing their employment authorization. The rule is positioned as a national security and public safety measure, though it creates substantial practical challenges for foreign workers and their employers who must now navigate stricter timelines and increased uncertainty in maintaining legal employment status.

The policy change affects numerous employment authorization categories and requires both individuals and businesses to adopt more proactive approaches to immigration compliance. Employers will need to implement more rigorous verification practices and monitoring systems to ensure they don't employ workers whose authorization has lapsed, while foreign nationals must carefully track expiration dates and file renewal applications well in advance of their current EADs expiring.