DHS finalizes rule ending automatic work permit extensions for EAD renewals

A final rule published Oct. 14 makes permanent the end of automatic extensions for many EAD renewals filed on or after Oct. 30, 2025, so work authorization can lapse while a renewal is still pending.

The Department of Homeland Security published a final rule in the Federal Register on Oct. 14 that permanently ends automatic extensions of Employment Authorization Documents (EADs) for many immigrants who apply to renew their cards. The rule, signed by Homeland Security Secretary Markwayne Mullin, took effect the same day.

The final rule adopts without changes the interim rule DHS issued on Oct. 30, 2025. Under it, a renewal application filed on or after that date no longer extends the validity of an expiring card. If the current EAD expires before U.S. Citizenship and Immigration Services (USCIS) approves the renewal, the holder generally loses permission to work until the new card is approved, unless they have another legal basis for employment.

Who is affected

Specimen Employment Authorization Document (EAD) card released by USCIS

Until the change, timely renewal applicants in many categories could keep working for up to 540 days after their card expired. The rule now affects groups such as people with pending green card applications and asylum seekers, which DHS describes as the two largest categories of EAD applicants, along with refugees and asylees who renew their cards.

Some groups are not affected. EADs that were automatically extended before Oct. 30, 2025, remain valid. Extensions provided by law or by a Federal Register notice, such as those announced for Temporary Protected Status (TPS) holders, also continue. F-1 students applying for a STEM OPT extension still receive a separate 180-day extension when they file on time.

DHS estimates that in an 18-month window beginning in May 2027, roughly 20,000 to 33,000 EADs could lapse because renewals are not approved in time. The department says the change is meant to ensure applicants are vetted and still eligible before they receive a new period of work authorization.

Homeland Security Secretary Markwayne Mullin (file photo)

What you should do

Check your card’s expiration date now. USCIS generally recommends filing a renewal no more than 180 days before the card expires. The rule notes that earlier filing is not prohibited, but USCIS does not postdate the new card, so filing very early can shorten the combined validity period.

Submit a complete application with all supporting evidence to avoid a Request for Evidence, and follow processing times on the USCIS website. If your card is close to expiring, inform your employer early and consult an immigration attorney about whether another basis for work authorization applies to you.

DHS finalizes rule ending automatic work permit extensions for EAD renewals

A final rule published Oct. 14 makes permanent the end of automatic extensions for many EAD renewals filed on or after Oct. 30, 2025, so work authorization can lapse while a renewal is still pending.