Labor & Employment Law Daily Wrap Up, EXPERT INSIGHTS—Immediate elimination of automatic employment authorization extensions: impact will be widespread, (Nov 10, 2025)

By Staci M. Jenkins of Taft Stettinius & Hollister

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 those with pending: Adjustment of Status applications, asylum applications, and derivative spouses in L-2, H-4, or E status with unexpired I-94 records. Eligible individuals could continue working so long as they demonstrated they had filed timely for the EAD extension in the same category by showing the prior EAD card and the new receipt notice.

What This Means

Eligible individuals who already had a properly filed EAD extension pending as of Oct. 29, 2025, remain authorized to work under the automatic work authorization extension. However, any filed on Oct. 30, 2025, or after will no longer have work authorization upon the expiration date of their EAD card. They will need to stop working as of that date until the new EAD card is issued and received.

Action Items

Foreign nationals should make certain to apply for their EAD as early as possible, 180 days in advance of expiration, to minimize the risk of a gap in work authorization.

Employers should make certain all individuals responsible for I-9 reverification are aware of the change and continue to carefully monitor EAD expiration dates. Employers also should plan for the increased possibility of an interruption in workers' services who are working pursuant to EAD cards. This should be considered even for situations where employees filed for an EAD extension 180 days in advance, as processing can sometimes exceed this duration. Individuals whose status is incident to status, such as those in L2S, may continue to work so long as their I-94 reflects the work-authorized status.

Additional Considerations

The IFR does not apply to certain automatic extensions including: extensions provided by law or through a Federal Register notice for TPS-related documentation. Most notably, the 180-day extension for the timely filing of a STEM OPT Extension does not appear to have been eliminated under the IFR notice. Given the lack of opportunity for public notice and comment, litigation may be likely.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Staci M. Jenkins

Taft Stettinius & Hollister

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