Highlights

• As of Oct. 30, 2025, the U.S. Department of Homeland Security (DHS) will no longer permit automatic extensions of most Employment Authorization Documents (EAD).
• With current processing periods for renewals spanning between six and 12 months, the new rule may significantly increase the risk of a lapse in work authorization.
• Barnes & Thornburg urges impacted individuals to file extensions as early as possible to avoid a lapse in work authorization and encourages employers to consult with legal counsel to assess the impact of this announcement on work authorization for employees who are not U.S. citizens or lawful permanent residents.

Last week, citing public safety and national security interests, the DHS announced an interim final rule terminating the regulatory provision that allowed automatic extensions for most EAD categories upon the filing of a timely renewal application. This change took effect immediately upon publication in the Federal Register, which occurred Oct. 30, 2025.

Prior Rule

Since May 2016, a variety of nonimmigrant groups and their employers have benefited from automatic extensions of work authorization based upon a timely filing of the extension. DHS initially granted this relief to F-1 visa holders completing the STEM Optional Practical Training (OPT) program and eventually expanded the policy to include H-4 spouses, Adjustment of Status applicants, refugees and asylees, Temporary Protected Status (TPS) holders, self-petitioners of...

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