On October 29, the Department of Homeland Security (DHS) announced an interim final rule ending the practice of automatically extending employment authorization documents (EADs) for foreign nationals with certain types of EADs. There are limited exceptions to this rule, including extensions provided by law or through a Federal Register notice (such as federal notice on a Temporary Protected Status designation that extends the EAD). The rule takes effect October 30, 2025, and applies to certain EAD applications received by the U.S. Citizenship and Immigration Services (USCIS) on or after that date. It does not apply to EAD’s already pending before that date.
With the elimination of the automatic extension, it is important to file EAD extensions as early as permitted. EAD applications can be filed up to 180 days before the status expires. The DHS is accepting comments regarding this new rule, which may be submitted before December 1, 2025. However, the rule takes effect immediately. More details can be found on the USCIS site here.