DHS Ends Automatic Extension of Employment Authorization
New rule prioritizes vetting, screening to protect public safety, national security
WASHINGTON – The Department of Homeland Security has announced an interim final rule ending the practice of automatically extending employment authorization documents for foreign nationals filing renewal applications in certain employment authorization categories. With this rule, DHS prioritizes the proper screening and vetting of foreign nationals before extending the validity of their employment authorizations.
Effective October 30, 2025, persons renewing EAD’s will no longer receive an automatic extension of their EAD. There are limited exceptions to this rule, including extensions provided by law or through a Federal Register notice for TPS-related employment documentation. The stated purpose of the rule is to increased vetting of aliens so that U.S. Citizenship and Immigration Services (USCIS) is able to deter fraud and detect individuals with potentially harmful intent so they can be processed for removal from the United States.
“USCIS is placing a renewed emphasis on robust alien screening and vetting, eliminating policies the former administration implemented that prioritized aliens’ convenience ahead of Americans’ safety and security,” said USCIS Director Joseph Edlow. “It’s a commonsense measure to ensure appropriate vetting and screening has been completed before an alien’s employment authorization or documentation is extended. All aliens must remember that working in the United States is a privilege, not a right.”
To avoid gaps in employment authorization, USCIS recommends filed an EAD renewal 180 days (the soonest legally possible) prior to the expiry of an EAD.
The interim final rule does not affect EADs automatically extended before Oct. 30, 2025.
FAQ
What is the new DHS rule regarding Employment Authorization Documents (EADs)?
The Department of Homeland Security (DHS) has announced an interim final rule that ends the practice of automatically extending EADs for aliens filing renewal applications in certain categories. This change will require each renewal application to undergo proper vetting and screening starting October 30, 2025.
When does the new rule take effect?
The new rule takes effect for EAD renewal applications filed on or after October 30, 2025. EADs that are automatically extended before this date will not be affected.
Who is affected by the end of automatic EAD extensions?
The rule applies to most individuals seeking to renew their EADs in certain categories. There are limited exceptions, such as EADs provided by law or those covered by special Federal Register notices, especially those related to Temporary Protected Status (TPS).
Are there any exceptions to the new rule?
Yes, some EAD extensions continue to be provided by existing law or through specific Federal Register notices, such as for TPS-related employment documentation. Otherwise, most automatic extensions will be eliminated.
Why is DHS eliminating automatic extensions for EADs?
The goal is to prioritize thorough screening and vetting before extending an alien’s work authorization. This measure is intended to deter fraud, catch individuals with potentially harmful intent, and strengthen national security.
How can I avoid a lapse in my employment authorization?
We strongly recommend that you apply for EAD renewal as early as possible—up to 180 days before your current EAD expires. Filing timely reduces the chance of a gap in employment authorization.
What happens if I file late for my EAD renewal?
Filing late increases the risk of a temporary lapse in your work authorization or documentation, which could disrupt your employment. To prevent any issues, submit your renewal application well in advance.
Do I need to do anything if my EAD was automatically extended before October 30, 2025?
No, the interim final rule does not affect EADs that received an automatic extension before October 30, 2025. Your current extension remains valid under the previous regulations.
What is the purpose of increased vetting and screening for EAD renewals?
The purpose is to ensure public safety and national security by reviewing foreign nationals’ backgrounds more frequently and preventing individuals with fraudulent claims or harmful intent from receiving work authorization.
How can Wilner & O’Reilly help me with my EAD renewal?
We can guide you through the EAD renewal process, ensure your application is filed correctly and timely, and help you navigate any new requirements under the updated rule. Contact us if you need assistance preparing your EAD renewal application.
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