Effective October 30, 2025, the Department of Homeland Security (DHS) implemented an Interim Final Rule (IFR) ending the automatic extension of employment authorization documents (EADs) for renewal applications filed on or after October 30, 2025. Per the latest updates from Klasko Immigration Law Partners, this IFR adds 8 CFR 274a.13(e) in the regulations, which ends automatic EAD extensions and requires that applicants for EAD renewal must wait for adjudication and approval before their employment authorization continues. This replaces the prior practice of automatic extensions of up to 540 days for applicants renewing an EAD in the same category.
Not all EAD holders are affected by this rule change. STEM OPT auto-extensions are unaffected by this rule. However, any other EAD holders must stop working once their current EAD expires, unless their renewal is approved ahead of that date. People who may be affected by this rule change are applicants for political asylum or those who have come to the U.S. for humanitarian reasons. U.S Citizenship and Immigration Services recommends that impacted foreign workers file a renewal application up to 180 days before their EAD expires. Klasko Law also recommends that employers take several steps to safeguard their operations. Some actions to consider taking:
Audit I-9 records and establish renewal tracking systems to identify at-risk employees.
Communicate early with foreign national staff to ensure timely filing of renewals.
Assess contingency plans for critical roles potentially affected by EAD lapses.
Monitor DHS updates, as this IFR invites public comment and may result in future adjustments.
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