HR Guide: USCIS Ends Automatic EAD Extensions (Effective October 30, 2025)

USCIS has published a new rule that ends the automatic 540-day work authorization extensions for people waiting on EAD renewals.

Starting October 30, 2025, employees will no longer be able to keep working once their EAD expires.

This change means more compliance risk and potential work interruptions if renewals aren’t approved before the old EAD expires.

Note: If an employee already received an automatic EAD extension before October 30, 2025, that extension remains valid through its listed end date. The new rule only affects renewal applications filed on or after October 30, 2025.

Who is impacted

Employees who currently work using an EAD (Employment Authorization Document) and are waiting for a renewal approval. This includes:

Who they are	Category (listed on EAD card)
Employees with pending green card applications (Adjustment of Status)	(c)(9)
H-4 dependent spouses of H-1B employees	(c)(26)
Asylum applicants	(c)(8)
DACA recipients	(c)(33)
TPS (Temporary Protected Status) holders	(a)(12)/(c)(19)

*Correction: We had E & L dependent spouses in this list. But they are not impacted by this new rule.

F-1 OPT and STEM OPT workers are NOT impacted

Their work authorization comes from their I-20 and EAD combination and is governed by F-1 rules, not the automatic extension policy being removed here.

What changes

Before October 30, 2025	After October 30, 2025
Employees could keep working up to 540 days after their EAD expired if they filed a renewal on time	No more automatic extensions – work must stop the day the EAD expires
Employers could rely on the receipt notice (Form I-797C) as proof of continued work eligibility	Receipt notices will no longer count as work authorization
USCIS delays had a limited impact on employment continuity	Any delay will now cause work interruptions until new EAD cards are issued

What this means for employers

• You must stop or suspend employment once an EAD expires unless the new card has been approved.

• You will need to reverify I-9s before the EAD expiration date, which means checking the employee’s work authorization again on or before their EAD expires and updating Section 3 of Form I-9 to confirm continued eligibility.

• Form I-797C receipt notices will no longer provide protection to employers from compliance risk.

• Payroll and workforce planning will need to account for potential employment gaps.

HR strategies for existing EAD employees

1. Identify all employees on EADs and track their expiration dates closely.

2. Encourage renewals early – employees can file up to 180 days before expiration.

3. Update I-9 procedures to remove reliance on receipt notices as proof of work authorization.

4. Alert managers and HRBPs to expect possible employment gaps if EAD renewals are delayed.

5. Communicate proactively with affected employees so they can plan their renewals in advance.

HR strategies for potential new hires on EAD

• Ask about EAD validity early in the hiring process. This helps identify candidates whose work authorization may expire soon.

• Plan for possible work gaps. If a candidate’s EAD expires within the next year, ask about their renewal timeline or long-term visa options.

• Avoid relying on pending renewals for critical roles. Until USCIS improves its processing times, EAD-based hires may pose a higher compliance risk.

• Coordinate with immigration counsel to assess if employees on EADs can transition to other visa types (like H-1B or L-1) that offer more stability.

WayLit Customers: We are already evaluating your current employees' risk and will share details.

Key takeaway: USCIS Ends Automatic EAD Extensions

The removal of automatic EAD extensions means that starting October 30, 2025, there’s no grace period between EAD expiration and loss of work authorization.

HR teams will need stronger tracking, faster renewals, and more proactive communication with affected employees to stay compliant and minimize disruption.

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This article is for informational purposes only and does not constitute legal advice. Immigration laws and USCIS policies change frequently. Employers should consult qualified immigration counsel before taking any action based on this information.