On October 29, 2025, the U.S. Department of Homeland Security (DHS) issued an Interim Final Rule (IFR) that significantly changes how Employment Authorization Documents (EADs) are handled.
Effective October 30, 2025, employees who file a renewal Form I-765 (Application for Employment Authorization) will no longer receive the automatic 540-day extension of their work authorization. This means:
- Renewal applicants filing on or after Oct. 30, 2025 will not be able to continue working once their EAD expires unless the new card is approved and issued.
- The Form I-797C (Notice of Action) for renewal applications filed on or after this date will no longer serve as proof of work authorization, even when paired with an expired EAD.
What remains unchanged:
- Employees who filed their EAD renewal before Oct. 30, 2025 will still qualify for the automatic extension if they fall under an eligible category listed in Section 5.1 of the M-274 Handbook for Employers.
- Those employees may continue to use their Form I-797C receipt notice with their expired EAD as evidence of valid work authorization.
What employers should do now:
- Review your Form I-9 processes and ensure HR or payroll staff understand the new rule.
- Track EAD expiration dates carefully, since renewal filings will no longer provide temporary extensions.
- Refer to Section 5.0 of the M-274 for updated Form I-9 compliance guidance and consult the official USCIS News Alert for more details.
At Forework, we help employers stay compliant with complex wage, hour, and immigration-related payroll regulations. Our system and compliance experts monitor regulatory updates like this one so your business stays protected and your workforce stays on track.