The US has discontinued the ‘automatic extension of Employment Authorization Documents’ for foreign workers, affecting nearly all visa-holding foreign workers. Consequently, these workers will face increased scrutiny and vetting during the renewal of their work permits.
The US has ended the ‘automatic extension of Employment Authorization Documents’ for certain foreign workers. This new rule will have a greater impact on nearly all foreign workers with various visa classifications who are now working in America. Foreign workers will be subject to more frequent scrutiny, screening and vetting at the time of renewal of their work permits.
The Department of Homeland Security has issued an interim final rule that ends the practice of automatically extending employment authorization documents (EAD) for foreign workers who file renewal applications in specific employment authorization categories. With this rule, DHS prioritizes proper screening and vetting of foreigners before extending the validity of their work authorizations.
In December 2024, the Biden administration increased the automatic extension period of employment authorization and employment authorization documentation from up to 180 days to up to 540 days.
Now, under the new rules, foreign workers who file to renew their EAD on or after October 30, 2025, will no longer receive an automatic extension of their ‘Employment Authorization Documents’ (EAD). The renewal process should initiate within 180 days of the expiry of the EAD.
It is always better to renew the EAD by filing a renewal application up to 180 days before expiration to avoid a temporary lapse in employment authorization or documentation. The interim final rule does not affect EADs automatically extended before October 30, 2025.
Also, the up to 540-day automatic extension period only applies to renewal EAD applications filed before October 30. The renewal EAD applicants will no longer receive an up to 540-day automatic extension of their EAD and/or employment authorization if they file their application on or after October 30, 2025.
Employers in the U.S. must ensure all foreign employees are authorized to work in the country by having an Employment Authorization Document (Form I-766/EAD) serving as proof.
If an EAD is expiring or has expired, one needs to file for a renewal EAD by submitting a new Form I-765 and filing fee, unless a fee waiver is requested and approved, as soon as possible once the EAD is within 180 days of its expiration date.
Impact
Ending automatic extensions of EADs will result in more frequent vetting of foreign workers who apply for employment authorization to work in the United States.
Reviewing a foreign worker’s background more often will enable U.S. Citizenship and Immigration Services (USCIS) to deter fraud and detect aliens with potentially harmful intent so they can be processed for removal from the United States.