Major Changes to Employment Authorization Document Processing Will Impact U.S. Employers

December 15, 2025

Overview

U.S. Citizenship and Immigration Services (USCIS) has implemented major changes to Employment Authorization Document (EAD) policies. These updates end the automatic 540‑day extension for most EAD renewals and reduce the maximum EAD validity period to 18 months for certain categories, including adjustment of status applicants, asylum seekers and refugees.

End of Automatic EAD Extensions (Effective October 30, 2025)

The Interim Final Rule (IFR), published on October 30, 2025, immediately ended the long-time practice of automatically extending the validity of EADs for individuals who timely file renewal applications. The IFR did not impact the validity of EADs that were automatically extended prior to October 30, 2025, or EADs automatically extended by law or regulations.

Affected Categories

• Adjustment of Status Applicants (C09): Applicants with pending I 485 applications.

•  Asylum Applicants & Related Categories (C08, A03, A05): Pending asylum and refugee applicants, and those granted withholding of removal.

• Temporary Protected Status (TPS) Holders (A12, C19): Unless a Federal Register notice extends their designation and work authorization.

• Dependent H-4 Spouses: H 4 (C26) even with an unexpired I-94.

• VAWA Self Petitioners (C31): Approved self petitioners and their children.

All of these groups will now receive EADs valid for a maximum of 18 months. For employers and foreign nationals, this change carries several important implications. Renewal applications will need to be filed more frequently, which increases both the overall filing volume and associated costs. The higher demand is also expected to lengthen USCIS processing times, creating additional administrative burdens. Most critically, the combination of shorter validity periods and the end of automatic extensions raise the risk of gaps in employment authorization, making careful planning essential to avoid disruptions in work authorization eligibility.

Employer and Employee Takeaways

To avoid disruption in work authorization and exposure to employer sanctions for continuing to employee unlawful workers, employers should vigilantly shore-up I-9 compliance and monitoring practices. If not already in place, employers should implement tickler systems to identify employees with expiring work authorization documents to notify them of the upcoming expiration more than 180 days before the EAD expires.

This will ensure the I-9 reverification process is completed well in advance of the work authorization expiration date and lessen breaks in work authorization. Employees should file their EAD renewal applications as early as possible – six months prior to expiration for most categories. Filing even a month or two later could result in temporary lapses in work authorization.