On October 30, 2025, the US Citizenship & Immigration Services (“USCIS”) issued an Interim Final Rule ending the practice of automatically extending Employment Authorization Documents (“EAD card”). Before the publication of this rule, certain EAD cards were automatically extended for 540 days if the card holder filed an application to extend the card before the current card expired. With the publication of this Interim Final Rule, this practice will end. EAD cards automatically extended under the prior rules pursuant to an extension application filed before October 30, 2025 are not affected.
The automatic extension terminated by the Interim Final Rule allowed continuity of employment authorization to both the employer and employee while relieving pressure on USCIS to adjudicate EAD applications within a certain time frame. Now, because EAD cards are not automatically extended, employers will need to monitor the expiration dates of their employees’ EAD cards, and terminate employees who cannot produce a new card or new source of employment authorization by the expiration date of their current card.
In one respect, this rule change simplifies the management of EAD card holding employees. Under the prior rules, not all EAD cards were automatically extended. Instead of determining which employees’ EAD cards automatically extended and which employees needed a new card to continue working, under the new rule, all EAD card employees need a new card or source of employment authorization. Shortly before the expiration date, employers should give their EAD card holders notice that their card is about to expire and ask them to produce another source of employment authorization. If another source of employment authorization cannot be provided by the card expiration date, employment should be terminated.
Given USCIS’ long processing times, for EAD and other applications, EAD card holders should file to extend their cards six months in advance. They should also be prepared to request an expedite directly with USCIS or contact their Congressional representative to request an expedite within thirty days of the expiration of the current card. Finally, affected foreign nationals and/or their employers should also consider using USCIS’ premium processing service to ensure continuity of employment authorization. For an additional fee of $1500.00, USCIS promises a decision on an EAD application within 30 business days.
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