US terminates automatic extension of Employment Authorization Documents for foreign workers

The new US immigration rule will increase scrutiny during work permit renewals to improve screening and vetting of documents.

The US has discontinued the ‘automatic extension of Employment Authorization Documents’ for foreign workers, affecting nearly all visa-holding foreign workers. Consequently, these workers will face increased scrutiny and vetting during the renewal of their work permits.

The US has ended the ‘automatic extension of Employment Authorization Documents’ for certain foreign workers. This new rule will have a greater impact on nearly all foreign workers with various visa classifications who are now working in America. Foreign workers will be subject to more frequent scrutiny, screening and vetting at the time of renewal of their work permits.

“Automatic extension of Employment Authorization Documents (EAD) pending with the authorities for renewal is no longer available. EAD renewal applications filed on or after October 30, 2025, will not receive any automatic extension of work authorization beyond the current EAD’s expiry. Under the new regulation, if an EAD card is not renewed before expiry, you may not be able to work in the US,” says Preeti Sharma, Partner, Global Employer Services, Tax & Regulatory Services, BDO India.

The Department of Homeland Security has issued an interim final rule that ends the practice of automatically extending employment authorization documents (EAD) for foreign workers who file renewal applications in specific employment authorization categories. With this rule, DHS prioritizes proper screening and vetting of foreigners before extending the validity of their work authorizations.

In December 2024, the Biden administration increased the automatic extension period of employment authorization and employment authorization documentation from up to 180 days to up to 540 days.

Now, under the new rules, foreign workers who file to renew their EAD on or after October 30, 2025, will no longer receive an automatic extension of their ‘Employment Authorization Documents’ (EAD). The renewal process should initiate within 180 days of the expiry of the EAD.

It is always better to renew the EAD by filing a renewal application up to 180 days before expiration to avoid a temporary lapse in employment authorization or documentation. The interim final rule does not affect EADs automatically extended before October 30, 2025.

Also, the up to 540-day automatic extension period only applies to renewal EAD applications filed before October 30. The renewal EAD applicants will no longer receive an up to 540-day automatic extension of their EAD and/or employment authorization if they file their application on or after October 30, 2025.

Source:- Financial Express