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DHS Ends All Employment Authorization Auto-Extensions

Client Alert
October 29, 2025

Effective Date: October 30, 2025 (Federal Register Publication)
DHS Docket No. USCIS-2025-0271 | 8 CFR 274a.13

Critical Update: The 180-day automatic work authorization renewal is gone. The 540-day automatic renewal will only apply to renewals filed before October 30, 2025. After that date, there will be no grace period for expired work authorizations.

Renewal Filed BEFORE Oct 30, 2025 Renewal Filed ON/AFTER Oct 30, 2025
✅ Up-to-540-day auto-extension (NOT 180) ❌ NO auto-extension — 0 days
Employee may work with expired EAD + Form I-797C receipt Employee must stop work on EAD expiration; no grace period
Valid until earlier of 540 days, approval, or denial Work resumes only with new EAD
I-9: Accept expired EAD + receipt I-9: Only unexpired EAD

⚡ 180-DAY RULE IS GONE — Replaced by 540 in 2024. This new rule keeps 540 ONLY for pre-Oct 30 filings. No fallback to the old grace period.

What Changed?

  • DHS eliminated automatic extensions for all work authorization renewal filings on or after October 30, 2025.

  • Applies to: 8 CFR 274a.12(c) EADs (asylum, TPS, adjustment, etc.).

  • Does not apply to: H-1B, L-1, or other non-EAD-based categories; TPS via Federal Register notice.

Employer Action Steps (Start Now)

1. Audit EAD Workforce

  • List all EADs expiring after October 30.

  • Confirm renewal filing date (before vs. on/after Oct 30).

2. Notify & Train Employees

  • Advise employees to file 180+ days early to avoid unpaid leave.

  • Train HR: no work is allowed after EAD expiration post-Oct 30.

3. I-9 Compliance

  • Reverify ON/BEFORE expiration.

  • Never accept expired EADs without valid 540-day proof (pre-Oct 30 only).

4. Plan for Gaps

  • Zero tolerance: Employees cannot work during gap.

  • Options: unpaid leave or termination/rehire.

Penalties

Employer Employee

Civil: $281 – $27,894 per violation

Unauthorized work = removal, benefit bars

Criminal: $3,000 + 6 mo. jail

Fines up to $2,789 per day

Resources

Bottom Line: After October 30, employees cannot work once their EAD expires. No 180- or 540-day extensions. Take action now.

For guidance on managing EAD renewals and compliance, contact BMD Member Rob Ratliff at raratliff@bmdllc.com.

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