As the Head of Immigration Business here at Shankar Ninan & Co. LLP, my mission is to simplify the complex and often confusing world of U.S. immigration law so that our clients can thrive. Unfortunately, today, I must address a major, and frankly, change that demands immediate attention and careful strategic planning.
The Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), has issued an Interim Final Rule (IFR) that immediately scraps the practice of automatically extending the validity of Employment Authorization Documents (EADs or Forms I-766) for most renewal applicants.
Extensions Provided by Federal Register Notice (TPS): The IFR does not impact automatic extensions otherwise provided in an applicable Federal Register notice. This specifically includes extensions related to Temporary Protected Status (TPS)-related employment documentation.
What Changed, and When?
The core of the matter is that the maximum 540-day automatic extension period—a vital safety net put in place in recent years to combat massive USCIS processing backlogs—is being eliminated.
Effective October 30, 2025, aliens who file an application to renew their EAD on or after this date will no longer receive an automatic extension of their employment authorization or EAD validity merely by filing their timely renewal application.
If you filed your EAD renewal before October 30, 2025, the previous automatic extensions (up to 540 days) remain valid under the prior rules. But for those filing on or after this crucial date, the clock on your expiring EAD is now unforgiving.
Security Prioritized Over Stability
DHS justifies this drastic policy reversal—which they deem a “commonsense measure”—by emphasizing that their priority is the proper vetting and screening of aliens before granting a new period of employment authorization. They argue that the automatic extension posed a security vulnerability because it granted employment authorization based solely on timely filing, without first completing the adjudicative review, full vetting checks, and the resolution of any derogatory information.
USCIS Director Joseph Edlow stated that they are placing a renewed emphasis on robust alien screening and eliminating policies that, in their view, prioritized alien convenience over American safety and security, stressing that working in the United States is a “privilege, not a right”.
While we understand the critical necessity of national security and integrity, the practical impact of this rule is severe: It reintroduces the very real risk of temporary lapses in employment authorization for countless skilled professionals and their families.
When your EAD expires, and your renewal application is still pending, you must stop working immediately (unless you are authorized to work based on a separate status). This lapse threatens continuity for employers, disrupts family finances, and causes instability for individuals relying on that income.
My Critical Advice: File Earlier Than Ever
For our corporate clients and individual applicants alike, this rule requires an urgent adjustment to planning and timing.
- Stop Waiting: USCIS currently recommends filing a renewal EAD application up to 180 days before your current EAD expires. Given that there is now zero automatic extension for new filings, you must treat this 180-day window as the absolute minimum. Any delay risks a devastating work authorization gap.
- Plan Proactively: Proper planning is essential to mitigate the risk of losing valid employment authorization. Contact our team immediately to determine your earliest permissible filing date for your renewal, whether you are an adjustment of status applicant (C09) or fall under other impacted categories (such as asylum applicants C08).
We are prepared to guide you through these ever-changing policies and procedures to ensure compliance and minimize disruption. This new rule makes proactive action non-negotiable.
Don’t wait—let us help you stand stronger and navigate this new terrain.
