Legal Analysis: DHS Interim Final Rule Eliminating Automatic Extensions of Employment Authorization Documents

On October 29, 2025, the U.S. Department of Homeland Security (DHS) formally announced forthcoming regulatory changes to employment authorization procedures under the immigration framework. This announcement Indicated DHS’s intent to modify existing Employment Authorization Document (EAD) processing standards, thereby affecting how renewal applications would be handled moving forward.

On October 30, 2025, the U.S. Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), published an Interim Final Rule (IFR) titled “Removal of the Automatic Extension of Employment Authorization Documents.” The IFR fundamentally alters employment authorization processes by ending automatic extensions of EADs for renewal applications filed on or after the rule’s publication date.

Previously, certain renewal applicants were permitted to continue working for up to 540 days after their EAD expired while USCIS adjudicated their renewal. Under the new regulation, this practice is discontinued. USCIS will now require full adjudication—including security vetting and eligibility determination—before employment authorization continues.

• INA § 103(a) (8 U.S.C. § 1103(a)): authorizes the Secretary of Homeland Security to administer immigration laws and issue regulations necessary to do so.
• Homeland Security Act § 101(b)(1)(F) (6 U.S.C. § 111(b)(1)(F)): identifies protecting U.S. economic security as part of DHS’s mission.
• Additional INA provisions granting DHS the authority to regulate employment authorization and verification (INA §§ 208, 214, 244 & 274A).

The rule also aligns with Executive Orders directing DHS to ensure employment authorization is granted only after maximum vetting and only to individuals legally authorized to work in the United States.

1. The renewal was timely filed,
2. The same employment category applied, and
3. Eligibility continued to exist.

In response to processing delays, temporary rules expanded auto-extensions from 180 to 540 days in 2022 and 2024, and a Final Rule in December 2024 made the 540-day extension permanent.

• Created security vulnerabilities,
• Allowed unauthorized employment without completion of adjudication, and
• Diverted resources due to increased filings.

What the Interim Final Rule Changes

• Adds new 8 C.F.R. § 274a.13(e), eliminating automatic extensions for renewal applications filed on or after the publication date.
• Revises the heading of 8 C.F.R. § 274a.13(d) to clarify that the prior 540-day auto-extension applies only to renewals filed before the publication date.

Practical Impact on Noncitizens and Employers

• Individuals must stop working when the EAD expires unless a new EAD is approved.
• Unauthorized employment may jeopardize immigration benefits and could render a noncitizen removable.

• Complete Form I-9 reverification no later than the EAD expiration date, and
• Remove employees from the payroll if current employment authorization cannot be verified.

Failure to comply exposes employers to civil penalties and, in certain circumstances, criminal liability.

• Prioritize national security and public safety,
• Reduce fraudulent or frivolous filings, and
• Ensure case-by-case screening prior to granting work privileges.

The IFR explains that allowing extensions based solely on filing created a vulnerability that could allow bad actors to continue to work without vetting, potentially enabling activities that threaten public safety and national security.

• EAD renewal timeline planning based on the new regulation,
• I-9 compliance audits for employers,
• Strategic transition planning (OPT → STEM OPT → H-1B → I-140/Green Card),
• Emergency legal guidance when employment authorization expiration is imminent.