On October 29, 2025, the U.S. Department of Homeland Security (DHS) issued an interim final rule that ends automatic extensions of Employment Authorization Documents (EAD) for certain renewal applicants who file Form I-765 on or after October 30, 2025.
What’s Changing?
Previously, under 8 CFR 274a.13(d), eligible applicants could receive an automatic 540-day extension of their EAD while their renewal was pending. This rule change removes that benefit for most categories, except:
- Temporary Protected Status (TPS)-related EADs
- Extensions granted by law or Federal Register notices
While the Federal Register preview does not list specific categories, based on prior eligibility, the following categories are likely impacted: A03, A05, A07, A08, A10, A17, A18, C08, C09, C10, C16, C20, C22, C24, C26*, C31, and A12 or C19
View the Federal Register Preview
How This Affects I-9 Compliance
- Employees in affected categories will no longer be authorized to work past their EAD expiration date unless they receive a new EAD.
- Employers must reverify work authorization before the EAD expires, or the employee must cease work until a new EAD is presented.
- Failure to reverify in a timely manner may result in unauthorized employment and potential penalties.
Employer Actions
- Ensure your HR systems and I-9 tracking tools are updated to flag EADs well ahead of the 180-day window. This allows time for renewal processing and avoids work interruptions.
- Adjust internal reporting and notification systems to reflect the new rule. Employees previously covered by automatic extensions must now be monitored more closely.
- Inform impacted employees of the change and encourage them to file renewal applications early. Consider offering support or resources to help navigate the new process.
- Ensure your I-9 compliance policies reflect the new DHS guidance and train relevant staff on the updated reverification procedures.
