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On October 30, 2025, the Department of Homeland Security (DHS) published an interim final rule terminating the practice of automatically extending an employment authorization document (EAD) based on a timely filed Form I-765 Application for Employment Authorization to renew the expiring EAD. Since 2016, holders of EADs in certain specified categories qualified for an automatic extension of their EAD for up to 180 days (and later up to 540 days) provided they filed their I-765 application before the EAD expired and under the same qualifying category as stated on the expiring EAD card. The purpose of the automatic extension rule was to avoid loss of work authorization caused by processing delays at the U.S. Citizenship and Immigration Services (USCIS).

Among the categories of foreign nationals who benefitted from the automatic extension rule were applicants for asylum (C08), applicants for adjustment of status (C09), and spouses of certain H-1B workers (C26).

The October 30 interim final rule does not impact automatic extensions of work authorization based on I-765 applications filed before October 30, 2025. However, I-765 applications filed on or after October 30, 2025, will no longer provide an automatic extension of work authorization, except in limited circumstances. The limited circumstances where an automatic extension of work authorization is still available include where the automatic extension is provided by law or in a Federal Register notice extending the validity of TPS-related employment documentation. Because it is provided by law, an F-1 alien on Optional Practical Training (OPT) who files for a 24-month STEM OPT extension will still qualify for an automatic extension of his or her EAD for up to 180 days. 

As a result of the interim rule, individuals holding EADs must file to renew their EADs as early as possible – six months before expiration. However, this is no guarantee that the employees will receive their new EAD in time to avoid a loss of work authorization. L-2 and E-2 spouses, who are eligible to work incident to their status, should not rely on an EAD as proof of work authorization but should instead rely on their I-94 record showing they are in lawful status, e.g., L-2S, E-1S, E-2S, or E-3S. Similarly, asylees and refugees, who are also authorized to work incident to their status, should consider relying on documents other than an EAD to establish their authorization to work.

The USCIS will update the I-9 Handbook for Employers to reflect the end of the EAD automatic extension.