Department of Homeland Security makes permanent the end of automatic extensions for certain Employment Authorization Documents
As of our last check on November 2, 2026, this is in effect, since October 14, 2026.
We check the Federal Register daily for later actions. We check federal court opinions for rulings on published rules weekly, on Mondays. A ruling can take time to reach us, so not finding one here does not mean there is none.
In short
- What changed
- The Department of Homeland Security (DHS) adopted as final, without changes, its October 30, 2025 interim rule ending automatic extensions of Employment Authorization Documents (EADs). A renewal application filed on or after October 30, 2025 no longer keeps an expiring EAD valid. The final rule took effect October 14, 2026.
- Who's affected
- Any employer with workers who rely on an EAD to work in a category that used to get the automatic extension. DHS estimates that 1,700 to 2,800 employers will be affected and that 20,000 to 33,000 EADs will lapse in an 18-month window starting in May 2027.
- What to do
- This rule creates no new duties for employers. It makes permanent a change in effect since October 30, 2025. Employers must still reverify work authorization when an EAD expires, and a renewal receipt for an application filed on or after October 30, 2025 does not extend the card.
What changed
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From the sourceI.C. Summary of the Major Provisions of the Regulatory Action
This final rule adopts the IFR as final, without any changes, after careful consideration of the comments received.
Also: Regulatory Amendments, 8 CFR Part 274a
the Secretary of Homeland Security adopts the amendments to 8 CFR Part 274a as published on October 30, 2025, at 90 FR 48799 as final.
DHS adopted the October 30, 2025 interim final rule as final, with no changes to the regulations.
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From the sourceI.C. Summary of the Major Provisions of the Regulatory Action
the validity period of an expired or expiring Employment Authorization Document and/or employment authorization will not be automatically extended by a renewal EAD application filed on or after October 30, 2025.
Under paragraph 274a.13(e) of Title 8 of the Code of Federal Regulations (CFR), a renewal EAD application filed on or after October 30, 2025 does not automatically extend the validity of an expired or expiring EAD or the work authorization it shows.
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From the sourceI.C. Summary of the Major Provisions of the Regulatory Action
Revised the heading of 8 CFR 274a.13(d) to clearly indicate that the up-to-540-day automatic extension period only applies to renewal EAD applications filed before October 30, 2025.
Also: II.D.2. Modified the Heading of 8 CFR 274a.13(d)
DHS is retaining the provision granting an automatic extension for those aliens who had timely filed a renewal EAD request before October 30, 2025, and who otherwise meet the requirements of 8 CFR 274a.13(d).
Also: Footnote 109
To have been properly filed before October 30, 2025, the alien must have submitted their application so that USCIS actually received the properly signed application, with required fees, on or before October 29, 2025.
The automatic extension of up to 540 days under 8 CFR 274a.13(d) still applies to timely renewal applications filed before October 30, 2025. To count as filed before that date, the application had to be received by U.S. Citizenship and Immigration Services (USCIS) on or before October 29, 2025.
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From the sourceI.D. Costs and Benefits
This final rule does not affect the validity of EADs that were automatically extended prior to the IFR.
Also: I.C. Summary of the Major Provisions of the Regulatory Action
the IFR did not impact automatic extensions of EADs and/or employment authorization provided by law or Federal Register notices, such as those for TPS applicants
Also: I.C. Summary of the Major Provisions of the Regulatory Action
This final rule similarly does not impact these provisions.
EADs that were automatically extended before the interim rule stay valid. Automatic extensions provided by law or by Federal Register notice, such as those for Temporary Protected Status (TPS) applicants, are not affected.
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From the sourceIV.C.10. Other Alternatives and Recommendations
DHS declines to adopt the commenters' suggested transitional measures or otherwise delay implementation of this rule.
DHS declined requests for a grace period, a transition period or a delayed effective date.
Who is affected
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From the sourceI.D. Costs and Benefits
Approximately 1,700 and 2,800 employers are estimated to be impacted.
Employers that employ workers whose EADs lapse are affected. DHS estimates 1,700 to 2,800 affected employers.
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From the sourceI.D. Costs and Benefits
For a single 18-month window (starting in May 2027) from about 20,000 to 33,000 EADs are estimated to lapse, based on several assumptions.
DHS estimates that 20,000 to 33,000 EADs will lapse in one 18-month window starting in May 2027, based on several assumptions.
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From the sourceIV.C.5.ii.a. Employer Burdens, Business Continuity, and Sector Specific Concerns
DHS recognizes that some sectors, including healthcare, education, manufacturing, agriculture, hospitality, and technology, and unionized workplaces may be particularly sensitive to interruptions in workforce continuity.
DHS names healthcare, education, manufacturing, agriculture, hospitality, technology and unionized workplaces as sectors that may be especially sensitive to interruptions.
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From the sourceIV.C.2.i.e. Other Comments on Security Rationale
are maintaining their respective immigration status, such as asylees and refugees, will continue to be employment authorized while maintaining their immigration status, regardless of the expiration date on their EAD.
Also: II.D.1. Added New 8 CFR 274a.13(e)
the expired EAD would no longer be a valid document to evidence the L-2 nonimmigrant's employment authorization
Also: Footnote 16
An L-2 can still have other evidence of documentation of employment authorization, such as a Form I-94, Arrival/Departure Record, designated with the L-2S classification.
Workers authorized to work incident to their status, such as refugees and asylees, stay authorized while they keep that status, whatever the date on their EAD. An expired EAD, however, is no longer a valid document to show that authorization, and such a worker may have other documents, such as a Form I-94 for certain L-2 spouses.
What it means in practice
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From the sourceIV.C.5.i.c. Identification, Driver's Licenses, and Access to Services
for renewal applications filed on or after October 30, 2025, a pending Form I-765 and associated receipt notice will no longer operate to automatically extend EAD validity under DHS regulations.
Also: II.D.1. Added New 8 CFR 274a.13(e)
If the renewal EAD application remains unadjudicated on May 31, 2026, the alien cannot continue to work for his or her employer on or after May 31, 2026, unless the alien is employment authorized on a separate basis.
For renewals filed on or after October 30, 2025, a pending renewal application and its receipt notice no longer extend the EAD. If the renewal is still pending when the card expires, the worker cannot keep working unless authorized on another basis.
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From the sourceIV.C.14. Paperwork Reduction Act
While the elimination of automatic extensions may result in some employers conducting reverification at different times than they would have under the prior automatic-extension framework, the scope and content of the information collected on Form I-9 are unchanged.
DHS says some employers will reverify work authorization at different times than under the old extension rules. Form I-9 itself does not change.
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From the sourceI.D. Costs and Benefits
This rule is estimated to result in $138.1 million in lost productivity costs to employers that are not able to easily replace aliens with lapsed EADs, costs of $312.1 million to U.S. employers from potential labor turnover
DHS estimates $138.1 million in lost productivity for employers that cannot easily replace workers with lapsed EADs and $312.1 million in labor turnover costs.
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From the sourceIV.C.10. Other Alternatives and Recommendations
employers do not receive direct notice if their alien employees' pending EAD renewal applications have been denied
Also: IV.C.8.i. Timely Processing of Renewals
DHS cannot commit to a maximum processing time in all cases
Employers are not notified directly when an employee's pending renewal is denied. DHS also says it cannot commit to a maximum processing time for renewals.
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From the sourceII.D.2. Modified the Heading of 8 CFR 274a.13(d)
USCIS also updated I-9 Central on the USCIS website and the Handbook for Employers, M-274, to provide employers and employees with additional guidance.
USCIS updated its I-9 Central web pages and the Handbook for Employers (M-274) to reflect the change.
What to do
AmendSignal analysis sorts these by whether this document changes them.
Already required
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From the sourceIV.C.5.ii.a. Employer Burdens, Business Continuity, and Sector Specific Concerns
This rule does not change employers' underlying obligations under section 274A of the INA, 8 U.S.C. 1324a, and 8 CFR part 274a to hire only individuals who are authorized to work in the United States, to verify employment eligibility, and to reverify employment authorization when existing documentation expires.
Also: IV.C.5.ii.a. Employer Burdens, Business Continuity, and Sector Specific Concerns
Employers are responsible for ensuring I-9 compliance for all of their employees, including updates to the I-9 verification process.
Employers must continue to hire only people authorized to work in the United States, verify employment eligibility on Form I-9, and reverify work authorization when existing documentation expires, as the Immigration and Nationality Act (INA) and 8 CFR part 274a already require.
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From the sourceIV.C.5.i.b. Mental Health and Vulnerability, Including Risk of Exploitation
The INA prohibits the knowing employment of unauthorized aliens and establishes consequences for both employers and aliens who violate those provisions.
Employers must not knowingly employ workers who are not authorized to work. The INA sets consequences for violations.
Worth considering
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Our suggestionIV.C.5.i.c. Identification, Driver's Licenses, and Access to Services
for renewal applications filed on or after October 30, 2025, a pending Form I-765 and associated receipt notice will no longer operate to automatically extend EAD validity under DHS regulations.
Consider reviewing your Form I-9 reverification tracking so that EAD expiration dates are flagged ahead of time, and check whether each pending renewal was filed before or on or after October 30, 2025.
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Our suggestionIV.C.2.iv. Proper Planning Rationale
Proper planning by applicants includes filing early, rather than close to the expiration of the EAD, and ensuring that all evidence needed for USCIS to determine eligibility has been submitted with the application at the time of filing.
Also: IV.C.2.iv. Proper Planning Rationale
there is no prohibition on filing the form before a certain date ahead of expiration.
Consider reminding employees who hold EADs that DHS urges filing renewals early, with all supporting evidence, and that no rule bars filing more than 180 days ahead.
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Our suggestionII.D.2. Modified the Heading of 8 CFR 274a.13(d)
USCIS also updated I-9 Central on the USCIS website and the Handbook for Employers, M-274, to provide employers and employees with additional guidance.
Consider checking the updated Handbook for Employers (M-274) before treating an expired EAD as unexpired, since the up-to-540-day extension applies only to renewals filed before October 30, 2025.
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Our suggestionFootnote 16
An L-2 can still have other evidence of documentation of employment authorization, such as a Form I-94, Arrival/Departure Record, designated with the L-2S classification.
Before ending employment when an EAD expires, consider whether the worker is authorized to work incident to status and can present other acceptable documents, such as a Form I-94 for certain L-2 spouses.
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Our suggestionI.D. Costs and Benefits
This rule is estimated to result in $138.1 million in lost productivity costs to employers that are not able to easily replace aliens with lapsed EADs, costs of $312.1 million to U.S. employers from potential labor turnover
Consider contingency staffing plans and budget for possible gaps, since DHS projects lost productivity and turnover costs for employers of workers whose EADs lapse.
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Our suggestionIV.C.10. Other Alternatives and Recommendations
employers do not receive direct notice if their alien employees' pending EAD renewal applications have been denied
Also: IV.C.4.iv. General or Mixed Feedback on USCIS Processing
an applicant may request that USCIS expedite the adjudication of an application that is under USCIS jurisdiction.
Consider asking employees with pending renewals to tell you promptly about any decision, because employers are not notified directly of denials. Employees may also ask USCIS to expedite a case.
Open questions
The source leaves these open. We'll update this record if a later document answers them.
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Which employee groups and EAD categories does DHS expect to see lapses, and on what assumptions?
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Which EAD category codes lost the automatic extension?
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How long will U.S. Citizenship and Immigration Services take to decide renewal applications?
Related changes
History
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Removal of Automatic Extensions for Certain Employment Authorization Documents Source (opens in a new tab)