DHS Ends Automatic Extension of Employment Authorization

The Department of Homeland Security (DHS) just announced an interim final rule related to automatic extensions of employment authorization. Employment authorization documentation (EADs) is no longer automatically extended when an alien files to renew their application on or after October 30, 2025.   

There are some limited exceptions to the rule including extensions that are provided by law or through a Federal Register notice for Temporary Protected Status (TPS) related employment documentation. 

This gives the government more time to vet non-citizens who apply to work in the United States. By checking their background during the renewal process, U.S. Citizenship and Immigration Services (USCIS) can identify fraud or any alien with potentially harmful intent. 

What Does This Mean for Employers 

Employers must be vigilant in monitoring their employees’ work authorization documents. There is serious risk for employers who continue to employ someone whose EAD has lapsed, resulting in significant penalties and fines. 

Employers should: 

1. Review their internal tracking system for EAD expirations and communicate with employees to determine the status of the renewal. 
2. Establish reminders for employees and HR when EADs are expiring to ensure employees submit a timely renewal; employers should put an alert at least 180 days before an employee’s EAD expires. 
3. Update any internal policies to reflect this rule change and have employees present evidence of their renewal filing, monitor the status throughout, and assess whether the renewed authorization is valid. 
4. Train your HR team, I-9 authorized reps, and anyone else completing Form I-9s on this new rule to understand the impact and importance of proper monitoring. 

This change in process could directly impact employers’ staffing if employees’ work authorization lapses. Proactive planning and reminders are necessary to ensure employees are filing to renew their EAD in a timely manner and that you are not employing anyone with a lapsed EAD. 

USCIS intends to update I-9 Central on the USCIS website and the Handbook for Employers, M-274, to provide employers and employees with additional guidance. 

 What Does This Mean for Employees with EADs 

Any person with an EAD must request a timely renewal of their EAD by filing a renewal application up to 180 days before their EAD expires.  

If people with EADs wait to file, it is likely they will experience a lapse in their work authorization documents and not be able to work. 

How OutSolve Can Help 

OutSolve’s Form I-9 solution monitors the status of EADs for you and will alert you when an employee’s EAD is expiring. This solution is an end-to-end Form I-9 compliance solution with mobile Section 1 completion, trained I-9 authorized reps completing Section 2, audit logs, and experts by your side to help you navigate the change in laws and regulations. 

If you are interested in learning more and protecting your business from employing unauthorized workers, contact us today.