Automatic employment authorization extension is a mechanism under which an expired EAD (Employment Authorization Document) continued to be treated as valid for a defined period when an applicant filed a renewal application on time. According to a temporary final rule published by DHS (Department of Homeland Security) in the Federal Register (90 FR 48799), for renewal applications filed on or after October 30, 2025, automatic extensions of up to 540 days are no longer granted.

Status as of October 30, 2025. DHS introduced a new provision at 8 CFR 274a.13(e) eliminating the practice of granting automatic extensions of EAD validity and/or employment authorization for up to 540 days for renewal applications filed on or after October 30, 2025 (90 FR 48799). The rule does not affect automatic extensions already granted under applications filed before October 30, 2025.

How the System Works

As DHS describes it, temporary employment authorization and EADs are generally valid for a limited period. Applicants in categories listed under 8 CFR 274a.12(c) generally must obtain a renewal before their current EAD expires or they lose the ability to work; USCIS generally recommends filing a renewal application up to 180 days before the current EAD expires (90 FR 48799).

Under the prior rule, automatic extension extended the validity of certain EAD categories for up to 540 days upon timely filing while USCIS continued adjudicating the renewal past the expiration date. The mechanism operated through the issuance of a receipt notice (Form I-797C, Notice of Action) reflecting timely filing and the same employment category as the expired EAD. The facially expired EAD was treated as valid when combined with such an I-797C. Once adjudication of the renewal was completed, the automatic extension period ended (90 FR 48799).

With the introduction of new 8 CFR 274a.13(e), this mechanism no longer applies to applications filed on or after October 30, 2025. For individuals who do not have work authorization by virtue of their immigration status and must obtain authorization from USCIS under 8 CFR 274a.12(c) — such as adjustment-of-status applicants (adjustment of status) or individuals with a pending asylum application — the EAD expires and employment authorization ceases the day after the expiration date shown on the face of the EAD (8 CFR 274a.13(e)(2)).

Example from the Rule and Form I-9 Verification

The rule includes an example: an individual with a pending adjustment-of-status application (Form I-485) whose EAD expires on December 15, 2025, and whose renewal application was filed after October 30, 2025. Continuous employment authorization is maintained only if the renewal is approved by the time the current authorization expires on December 15, 2025. If the renewal application remains pending on December 16, 2025, the individual is not able to continue working for an employer as of that date unless employment authorization exists on another basis. If the renewal is subsequently approved, employment authorization resumes for the validity period of the new EAD (90 FR 48799).

Employers under INA section 274A(b) are required to verify identity and employment eligibility through Form I-9, Employment Eligibility Verification. Under 8 CFR 274a.2(b)(1)(vii), when an EAD and/or employment authorization expires, the employer must re-verify or update Form I-9; no later than the expiration date, the employee presents unexpired acceptable documentation. Notices of Action issued on or after October 30, 2025, no longer contain information about automatic extension of employment authorization, and USCIS adds language indicating that such a document, alone or in combination with an expired EAD, does not constitute evidence of employment authorization (90 FR 48799). A general description of categories and documents is provided in the section on employment authorization (EAD).

Is the 540-Day Automatic EAD Extension Still in Effect?

According to 90 FR 48799, for renewal applications filed on or after October 30, 2025, automatic extensions of up to 540 days are no longer granted. The rule does not affect automatic extensions that were already granted under applications filed before October 30, 2025.

Who Is Affected by the End of the Automatic EAD Extension?

Under the prior rule, categories eligible for extensions of up to 540 days included, among others, refugees (A03), asylees (A05), individuals granted withholding (A10), TPS holders (A12/C19), applicants with a pending asylum case (C08), and adjustment-of-status applicants (C09). The elimination of automatic extension under new 8 CFR 274a.13(e) applies to renewal applications filed on or after October 30, 2025 (90 FR 48799).

What Documents Show an EAD Extension for a Renewal Filing?

According to 90 FR 48799, Notices of Action issued on or after October 30, 2025, no longer contain information about automatic extension of employment authorization. USCIS adds language to those notices indicating that such a document, alone or in combination with an expired EAD, cannot be used as evidence of employment authorization. USCIS is also updating I-9 Central and the employer handbook M-274.

Are There Exceptions to the End of the Automatic Extension?

Under the text of the rule, it does not affect automatic extensions already granted under EAD renewal applications filed before October 30, 2025 (90 FR 48799). For applications filed on or after October 30, 2025, the EAD of an individual in a category under 8 CFR 274a.12(c) expires and employment authorization ceases the day after the expiration date shown on the face of the EAD, unless employment authorization exists on another basis (8 CFR 274a.13(e)(2)).