Immediate Elimination Of Automatic Employment Authorization Extensions: Impact Will Be Widespread

Department of Homeland Security (DHS) published an Interim Final Rule in the Federal Register on Oct. 30, 2025 announcing that it is immediately eliminating a longstanding practice of allowing continued work authorization for many categories of foreign nationals with pending Employment Authorization Document (EAD) extension applications. The change applies immediately to EAD applications filed on or after Oct. 30, 2025.

Background

Historically, DHS has allowed for continued work authorization of 180 days (more recently 540 days) for many individuals who timely filed for an EAD (employment authorization document) extension. The policy would allow individuals who had previously been approved for an EAD in the same eligibility category and who had timely filed an extension of that work authorization to continue working during lengthy processing delays by the government. Several common categories of individuals eligible for this automative EAD extension included