Important Update on Employment Authorization Documents (EADs)

The Department of Homeland Security (DHS) has issued an interim final rule that changes how automatic extensions of work authorization will apply for certain renewal filings of employment authorization documents (EADs). The rule takes effect immediately for applications filed on or after October 30, 2025.

What’s Changing

Previously, certain EAD renewal applicants could continue working under an automatic extension of up to 540 days while their renewal application was pending. Under the new rule, if you file a renewal application on or after October 30 2025, you will not receive that automatic extension.

Importantly, this change does not affect:

• EAD categories extended under separate statutory or Federal-Register-notice provisions (for example, certain TPS designations).
• Renewal applications filed before October 30 2025 that were timely filed and eligible under the previous rule—those renewals remain eligible for the extension period that applied at that time.

Who Is Affected

If you hold or will hold an EAD and are eligible to renew it based on categories such as a pending adjustment of status (I-485), a pending asylum application, VAWA self-petition, or H-4 dependent spouse based on an underlying H-1B, you should pay careful attention. The automatic extension for those renewing on or after October 30 2025 will no longer apply.
On the other hand, certain groups are not impacted by the new rule in the same way, for example:

• F-1 students applying for the STEM OPT extension—those rules permitting a 180-day extension remain unaffected.
• Individuals whose work authorization is “incident to status” (for example spouses of L-1 or E‐visa holders who are authorized to work based on nonimmigrant status rather than an EAD renewal) may also avoid disruption if they maintain valid status.

What This Means in Practice

If you file your EAD renewal on or after October 30 2025 and you don’t qualify under one of the exceptions, your work authorization will expire when your current card expires, unless the renewal is approved and a new card issued. Relying solely on the receipt notice of your renewal filing will no longer be enough under the new rule.
Because of this:

• It’s especially important to file your renewal as early as permitted, generally up to six months (180 days) before the EAD’s expiration date.
• Employers and HR departments should update their verification processes (Form I-9 compliance) to reflect that the automatic extension is no longer valid in many cases for renewals filed on/after October 30.

At Zhang‑Louie PLLC, we understand how critical uninterrupted work authorization is, both for individuals and for their employers. We assist clients by:

• Reviewing whether a given EAD category still qualifies for any automatic extension or special rule
• Advising on optimal timing for filing renewal applications to minimize gaps
• Coordinating with employers’ compliance teams to ensure Form I-9 processes reflect the new rule
• Monitoring any future regulatory or legal developments, as this rule may continue to evolve

If you hold an EAD, are planning to renew one, or your employer relies on EAD-based authorization for staff, it’s a good moment to act proactively and ensure no work-authorization interruption occurs.