On Oct. 14, 2026, the Department of Homeland Security finalized a rule ending automatic extensions of employment authorization documents (EADs) for many individuals who file renewal applications. As we previously discussed in a GT blog post, the final rule adopts without change the restrictions that have applied since Oct. 30, 2025.

Because of processing delays affecting EAD renewal adjudications, U.S. Citizenship and Immigration Services (USCIS) previously granted automatic EAD extensions of up to 540 days for certain categories of applicants. This allowed applicants to continue working lawfully and prevented interruptions in the production of goods and provision of services by U.S. employers. In October 2025, DHS issued an interim rule eliminating these automatic extensions.

For most affected categories, filing a Form I-765 to renew an EAD on or after Oct. 30, 2025, does not extend an expiring EAD or employment authorization while USCIS processes the application. If the current authorization expires before the renewal is approved, the employee generally cannot continue working based solely on the pending renewal. A receipt notice for a renewal filed on or after that date, even when paired with an expired EAD, does not establish continued work authorization for Form I-9 purposes.

The rule does not disturb qualifying automatic extensions arising from renewal applications filed before Oct. 30, 2025. Limited exceptions also remain for extensions provided by law or by a Federal Register notice involving Temporary Protected Status-related employment documentation. Other independent bases for employment authorization must be assessed separately.

Considerations for Employers and Foreign Nationals

Relevant employer considerations include identifying employees relying on expiring EADs, tracking expiration and reverification dates, and encouraging affected employees to renew as early as possible. Employers should distinguish employees covered by pre-Oct. 30, 2025, automatic extensions or other statutory or regulatory extensions from those subject to the new rule. The expiration of an EAD while a renewal remains pending may result in a work interruption. A pending renewal alone generally does not authorize an employee to continue working after the expiration date shown on the EAD.