DHS Ends All Employment Authorization Auto-Extensions
Client AlertEffective 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?
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DHS eliminated automatic extensions for all work authorization renewal filings on or after October 30, 2025.
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Applies to: 8 CFR 274a.12(c) EADs (asylum, TPS, adjustment, etc.).
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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
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List all EADs expiring after October 30.
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Confirm renewal filing date (before vs. on/after Oct 30).
2. Notify & Train Employees
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Advise employees to file 180+ days early to avoid unpaid leave.
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Train HR: no work is allowed after EAD expiration post-Oct 30.
3. I-9 Compliance
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Reverify ON/BEFORE expiration.
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Never accept expired EADs without valid 540-day proof (pre-Oct 30 only).
4. Plan for Gaps
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Zero tolerance: Employees cannot work during gap.
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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
- USCIS EAD Calculator: uscis.gov/eadautoextend
- I-9 Central: uscis.gov/i-9-central
- Comment by Nov 29: regulations.gov (Docket USCIS-2025-0271)
- DHS could still make changes.
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.