The Department of Homeland Security has finalized the rule that ends automatic extensions of EAD (Employment Authorization Document)A card issued by USCIS on Form I-765 that allows certain noncitizens to work legally while another application is pending or a status permits it.See it in the glossary for renewal applications filed on or after October 30, 2025, according to the Federal Register notice published October 14 (91 FR 65306).
The Final ruleThe version of a federal regulation that an agency publishes in the Federal Register after reviewing public comments on a proposed rule. It sets an effective date, which generally falls at least 30 days after publication, and its text is added to the Code of Federal Regulations.See it in the glossary adopts the October 2025 Interim final ruleA rule that takes effect without a prior comment period. The agency accepts public comments after it is published and may revise the rule afterward.See it in the glossary “without change,” so nothing in the text of the regulation differs from what has applied since the interim rule took effect. It is issued by USCIS under RIN 1615-AD05 and docket USCIS-2025-0271.
What the final rule does
Before the interim rule, many people with a pending renewal could keep working for up to 540 days after their EAD expired. The rule amends 8 CFR 274a.13 in two places. Paragraph (d) now applies only to renewal applications filed before October 30, 2025. A new paragraph (e) says an expired or expiring EAD is not automatically extended by a renewal application filed on or after that date, unless another rule provides otherwise.
The notice uses pending Adjustment of statusThe process of applying for a green card from within the United States, rather than through a consulate abroad. Filed on Form I-485.See it in the glossary applicants (category C09) and pending AsylumProtection granted to a person already in the United States or at a port of entry who meets the definition of a refugee and cannot safely return to their country.See it in the glossary applicants (category C08) as examples of people who renew these documents. To read how these cards work, see our guide to asylum work authorization and other EADs.
What is not covered
The rule lists several situations where work authorization still continues or is not tied to the card:
- Renewals filed before October 30, 2025 that meet the older rule.
- Extensions provided by law.
- Extensions provided through Federal RegisterThe daily journal of the U.S. government where proposed and final rules, notices and executive orders are published.See it in the glossary notices for Temporary Protected Status (TPS)A designation that lets nationals of certain countries facing conflict or disaster stay and work in the United States temporarily.See it in the glossary employment documents. See how TPS updates and EADs work.
- Employment authorized because of a person’s status under 8 CFR 274a.12(a), which does not depend on the EAD’s expiration date.
Why DHS says it made the change
DHS says ending automatic extensions gives USCIS time to vet and screen people before employment authorization continues. The notice cites Executive orderA directive from the President to federal agencies and officials about how to run the executive branch and carry out the law. Executive orders are numbered and published in the Federal Register, and they generally bind the executive branch.See it in the glossary 14159 and 14161. It also points to the June 1, 2025 attack in Boulder, Colorado, which DHS says was carried out by a person who held an automatically extended EAD.
DHS says it gave security and program integrity more weight than the earlier stability and labor-cost considerations that supported the 2024 automatic extension period.
DHS cost estimates
The rule is designated economically significant. DHS estimates about $138.1 million in lost productivity and $312.1 million in labor turnover costs to employers, and says roughly 1,700 to 2,800 employers could be affected. DHS received comments on the interim rule and responds to them in the final notice.
The rule is in force through the interim rule and, per the notice, took effect on October 14, its Federal Register publication date. Employment authorization rules also touch spouses of some visa holders. Our explainer on H-4 EADs covers renewals for that group, and our earlier report on a court ruling on automatic extensions gives background.