New EAD Extension Rule
Effective October 30, 2025, USCIS issued a new rule ending the practice of automatically extending Employment Authorization Documents (EADs) for foreign workers in certain employment authorization categories who have timely filed for an EAD renewal. Under 8 CFR 274a.12(c), some classes of foreign persons are only authorized to be employed in the U.S. if they have an EAD approved by USCIS with the filing of Form I-765. Once approved the EAD is typically valid for a finite period. Until this new rule went into effect, when a person applied to extend their EAD work authorization, USCIS granted an automatic extension for 540 days, as long as the extension request was filed on Form I-765 and submitted to USCIS “timely” before the EAD expired. To prove valid work authorization, one could use the I-765 receipt along with the expired EAD while waiting for USCIS to approve the I-765 extension request. The new rule is much stricter because it does not grant an automatic extension of the work authorization, even if the extension is filed timely. Instead, one must wait for the new EAD to be approved by USCIS to work legally.
This new rule affects workers who are in the U.S. in a variety of lawful status categories listed under 8 CFR 274a.12(c). who can apply for work authorization with USCIS by filing Form I-765 and then issued an EAD. Examples of people covered by this rule include, but are not limited to, persons who are in L-2 status, H-4 status, and spouses of E-1 or E-2 workers.
A key takeaway for employers is to review their Employment Eligibility Verification Forms or their I-9 files closely. Employers should discern if they employ workers that are authorized with an EAD. If they do, the employer should be sure the I-9 reflects the EAD validity date, and that workers are not employed beyond that date. Employees with EAD work authorization should plan and file their I-765 application as soon as possible, or as early as 180 days before the expiration date of the EAD: Otherwise, the worker will not be allowed to work once it has expired unless the new EAD has been approved by USCIS. Once the worker obtains the EAD extension the employer should update the I-9 to reflect the new validity date. Without a new, valid EAD issued, the worker may face the consequences of losing employment or working unauthorized. Likewise, the employer could face penalties for employing an unauthorized worker.
This policy change underscores the growing complexity of U.S. employment compliance — particularly for multinational employers managing foreign national talent. Employers should audit I-9 files immediately, ensure that no EAD-based employment continues past expiration, and work with counsel to track renewal timelines. BHLG’s compliance team assists companies in maintaining lawful employment authorization, preparing I-9 audits, and developing proactive renewal systems to prevent costly disruptions.
To discuss how this rule may affect your workforce, contact BHLG or schedule a consultation with our immigration compliance team.
