DHS Ends Automatic EAD Extensions

A significant change in immigration policy now affects thousands of foreign workers and their families across the United States. The DHS (Department of Homeland Security) has ended the automatic extension of EADs (Employment Authorization Documents). This practice previously allowed work authorization to continue for up to 540 days while renewal applications were pending. Workers who rely on EADs—including H-4 spouses, F-1 students in OPT, and many others—could face unexpected gaps in their ability to work legally if their renewal isn’t approved before their current EAD expires. Understanding this rule change and taking proactive steps is now critical to protecting your employment and financial stability.

The end of the automatic extension practice for Employment Authorization Documents (EADs) directly affects certain lawful visa holders and their dependents who rely on Form I-765, Application for Employment Authorization, to work legally in the United States. The rule, which discontinues the automatic extension of EAD validity and attendant employment authorization, applies to renewal applications filed on or after the effective date of the rule, except where an automatic extension is provided by law or specific Federal Register notice (such as for Temporary Protected Status (TPS)-related documentation).

Lawful nonimmigrant visa holders who obtain employment authorization through an EAD renewal application will no longer have the benefit of an automatic extension (which the previous rule had permanently set at up to 540 days). Common examples of lawful visa holders or their dependents who utilize EADs and are affected by this change include:

• Spouses of H-1B Nonimmigrants: Certain alien spouses (H-4) of H-1B nonimmigrants.
• Students/Trainees: F-1 students seeking Optional Practical Training (OPT) and M-1 students seeking practical training.
• Dependents of Exchange Visitors: J-2 spouses or minor children of an exchange visitor.
• T/U Derivative Family Members: Some derivatives of T or U nonimmigrant visa holders residing in the U.S. who must file Form I-76
• Individuals with pending applications for adjustment of status.

The removal of the automatic extension creates a risk of employment lapse and financial instability for these lawful visa holders and their employers if USCIS does not adjudicate the renewal application promptly. To avoid a gap in employment, lawful visa holders must file their renewal application as soon as possible. USCIS allows for the filing of a renewal application up to 180 days before the current EAD expires. For renewal applications filed under the new rule, the standard Form I-797C, Notice of Action (receipt notice), will no longer serve as evidence of an automatic extension.

• USCIS will update the Notices of Action issued on or after the effective date to clearly indicate that the document is not evidence of employment authorization and cannot be used, by itself or with an expired EAD, as proof of approval.
• This also impacts how other agencies view documents: EAD cards that are expired on their face should generally no longer be considered valid for purposes such as obtaining a driver’s license or identification card, even with the new receipt notice

The rule reverses the previous policy, which sought to avoid labor turnover costs for employers and stabilize non-citizen earnings. DHS acknowledges that the resulting lapse in employment authorization could negatively affect family well-being by reducing families’ and children’s disposable income. DHS implemented this change by discontinuing automatic extensions to address public safety concerns, arguing that the benefit of granting automatic extensions without proper vetting outweighs the convenience to the alien or the employer. The previous practice granted the benefit merely upon filing a renewal application, without first completing adjudicative review, vetting and screening checks, or resolving potential derogatory information. DHS believes that conditioning the EAD renewal on successful adjudication ensures that employment authorization is provided only after USCIS confirms the alien continues to be eligible and, when applicable, merits a favorable exercise of discretion. Having one secure document—an issued EAD card—eliminates confusion for employers and other agencies regarding Form I-9 verification, driver’s license issuance, and other benefits.

DHS Ends Automatic EAD Extensions – Summary

The elimination of automatic EAD extensions requires immediate action from both employees and employers to prevent work authorization gaps that could derail careers and business operations. Due to potential vetting delays, you should file your EAD renewal application 180 days before expiration to minimize the risk of losing work authorization while USCIS processes your case. We don’t recommend that you navigate this change alone; the stakes are too high. A brief lapse in employment authorization could have serious consequences for your immigration status, income, and future opportunities. Contact our team today to review your EAD timeline and ensure you’re taking the proper steps to maintain uninterrupted work authorization.