United States | DHS to publish interim final rule ending most automatic EAD extensions, public comment submission open through Dec. 1

The Department of Homeland Security announced an interim final rule (IFR) scheduled to be published tomorrow in the Federal Register (FR), “ending the practice of automatically extending employment authorization documents [EADs] for aliens filing renewal applications in certain employment authorization categories,” effective Oct. 30, 2025.

Key Points:

• Automatic EAD Extensions to end for certain categories with limited exceptions: According to the IFR, it amends “DHS regulations to end the practice of automatically extending the validity of employment authorization documents (Forms I-766 or EADs) for aliens who have timely filed an application to renew their EAD in certain employment authorization categories.”
  • This change applies with limited exceptions as stated in the IFR: “unless otherwise provided in 8 CFR 274a.13(d), by law, or through a Federal Register notice for Temporary Protected Status (TPS)-related employment documentation, the validity period of an expired or expiring Employment Authorization Document and/or employment authorization will not be automatically extended by a renewal EAD application filed on or after [Oct. 30, 2025].”
• Emphasis on frequent vetting: According to the DHS announcement, “Ending automatic extensions of EADs results in more frequent vetting of aliens who apply for employment authorization to work in the United States. Reviewing an alien’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.” DHS states that the IFR is “consistent with President Trump’s directive in Executive Order (E.O.) 14159 ‘Protecting the American People Against Invasion.’”
• USCIS filing recommendations: USCIS recommends in its press release “properly filing a renewal application up to 180 days before their EAD expires.”
• EAD extensions prior to Oct. 30: The IFR does not affect EADs that were automatically extended prior to Oct. 30, 2025.
• Public comments: Once the IFR is published on Oct. 30, public comments can be submitted here on or before Dec. 1, 2025.

Additional Information: Additional filing information and Form I-765 details can be found here. BAL clients are encouraged to consult with their BAL attorney for case-specific guidance.

BAL will continue to monitor developments and will provide essential updates to the public, and real-time briefing calls, Q&A, newsletters and more with insights and guidance from our Government Strategies team to in-house professionals who are members of BAL Community.

This alert has been provided by the BAL U.S. Practice Group.

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