USCIS Ends Automatic Extensions for Most Employment Authorization Renewals

On October 30, 2025, the U.S. Citizenship and Immigration Services (USCIS) issued an interim final rule ending the policy that granted automatic extensions for foreign nationals who timely file their request to renew their Employment Authorization Documents (EAD). The former policy provided stability to employers, employees, and their families given that in many cases, the processing of renewal applications has and is taking longer than the 180-day renewal period. Despite evidence showing that there are currently over 900,000 EAD renewal applications pending for longer than 180 days – through no fault of the applicants – USCIS has stated that they are changing the policy to ensure proper vetting of noncitizens before authorizing their employment.  Considering the government shut down and the siphoning of resources towards immigration enforcement, it is difficult to believe that processing of EAD applications will do anything but increase.

The new policy does not impact renewal applications filed prior to October 30, 2025. Therefore, individuals whose applications were pending prior to that date will still benefit from the 540-day extension under the prior policy. The new regulations also do not impact extensions afforded by the Federal Register that apply to EADs related to Temporary Protected Status (TPS) recipients. Furthermore, extensions provided by law, such as EAD renewals under the STEM Optional Practical Training (OPT) program will not be impacted. Unfortunately, the new policy does apply to many common EAD renewal categories such as those with pending asylum applications, cancellation of removal applications, and pending green card applicants, amongst others. 

It is important to note that this rule is an interim rule, which means that it is not final. The public has an opportunity to submit comments regarding the impact of the interim rule through December 1, 2025, which will then be considered at the time that the government publishes a final rule. Unfortunately, we anticipate this new policy to take effect as a final rule. 

To avoid any gaps in employment, driver’s license privileges, and other related benefits, it is important that individuals apply to renew expiring EADs as far in advance as possible within the 180-day EAD renewal period. While some individuals may be able to apply for renewal prior to the 6-months period from when their EADs expire, there is a risk that USCIS could reject these filings, thus delaying the renewal process. Our experienced attorneys at Minsky, McCormick & Hallagan are happy to assist you in renewing your EAD and with any other immigration law matter. Please contact our office for a consultation.