On October 30, 2025, the Department of Homeland Security (DHS) published an interim final rule (IFR) eliminating the automatic extension of expiring Employment Authorization Documents (EADs) for foreign workers.
According to DHS, “the purpose of this change is to prioritize the proper vetting and screening of aliens before granting a new period of employment authorization and/or a new EAD.”
Importantly, the rule does not affect the validity of:
- EADs that were automatically extended before October 30, 2025, or
- EADs that are automatically extended by law under specific programs.
This policy shift will likely create new challenges for employers in industries that depend on timely work authorization renewals. With EAD renewals no longer extended automatically, employers may face gaps in workforce authorization and should begin reviewing their internal I-9 and re-verification processes now.
Although the IFR is effective immediately, DHS is accepting public comments through December 1, 2025.
For an in-depth legal analysis, read Littler’s coverage HERE.
To learn more about how JDP’s I-9 and employment verification services can help employers stay informed and confident amid shifting DHS policies, visit JDP.com