By John Fay
Over the last few years, the United States Citizenship and Immigration Services has repeatedly adjusted the rules surrounding Employment Authorization Documents (EADs), the work authorization cards that many noncitizen employees present for I-9 purposes. Just as things were starting to feel a bit more predictable, two late-2025 changes arrived that may have very real consequences for HR and your Form I-9 processes.
Automatic extensions based on filing an EAD renewal have been eliminated for most EAD categories for applications filed on or after October 30, 2025.
The maximum validity period for certain EADs is being cut from 5 years back to 18 months for several key noncitizen categories, including refugees, asylees, and many green card applicants.
Neither change alters the basic I-9 rules, but together they may prompt HR teams to be more deliberate about reverification and workforce planning.
Since 2017, certain EAD holders who timely filed a renewal application could receive an automatic extension of their employment authorization while USCIS processed the case. That automatic extension was tied to a properly and timely filed Form I-765 EAD renewal application, and could last for a period ranging from 180 days (as initially implemented) up to 540 days from the EAD’s expiration date.
From an employer standpoint, this created a critical “buffer” against agency EAD processing backlogs. An eligible employee whose card expired could keep working as long as they presented a qualifying Form I-797C receipt notice which reflected that the renewal was for the same category and was timely filed.
That buffer has now effectively been removed.
Under a new DHS Interim Final Rule effective October 30, 2025, the automatic extension tied to filing a renewal EAD application is being eliminated for most categories going forward. Here’s how the timing breaks down for HR:
For most categories that previously benefited from a 180- or 540-day automatic extension based on a timely renewal filing:
No automatic extension will apply to applications filed on or after October 30, 2025.
An I-797C receipt notice with a “Received Date” of Oct 30, 2025 or later will not extend employment authorization for I-9 purposes.
If the employee’s EAD expires while the renewal is pending, they will need to present different acceptable documentation in order to demonstrate continuing work authorization.
USCIS generally instructs applicants to file a renewal application up to 180 days before their EAD expires, and many employees follow that timing. However, according to USCIS’ third quarter data reports, approximately 20% of EAD renewal applications were pending for longer than 180 days. In practice, this means that even employees who file as early as DHS recommends may now face a period where the card has expired, the renewal is still pending, and work authorization has lapsed.
The good news for HR is that the rule is not retroactive. USCIS guidance makes clear that individuals who timely and properly filed their EAD renewal before October 30, 2025 may still receive up to a 540-day automatic extension, as long as they otherwise qualify under the existing rules. Those employees are essentially “grandfathered in,” and employers may continue to rely on the expired EAD + qualifying receipt combination for I-9 purposes through the end of the applicable automatic extension period.
Importantly, this rule does not touch every type of automatic extension you might see in your I-9 files. Specifically, it does not change automatic extensions that are provided by a specific statute, regulation, or Federal Register notice, including:
F-1 STEM OPT extensions (the 180-day automatic extension based on a timely STEM OPT filing);
F-1 cap-gap extensions for certain students with a qualifying H-1B petition and change-of-status request;
Temporary Protected Status (TPS) and other categories where the Federal Register notice itself extends employment authorization or document validity for a period of time.
So while the general “file a renewal, get an automatic extension” safety net is being removed for most EAD categories, you’ll still need to follow the special rules that apply to STEM OPT, cap-gap, TPS, and similar programs.
More recently, on December 4, 2025, USCIS announced a related policy change focused on EAD validity periods. In a move it describes as part of increased “screening and vetting” of noncitizens working in the U.S., the agency is reducing the maximum validity period for certain EADs from 5 years back to 18 months. This change applies to several categories that many employers rely on, including:
Refugees and asylees
Applicants for adjustment of status (green card applicants with pending I-485s)
Certain individuals granted withholding of removal
Other categories identified in the updated USCIS Policy Manual
From an operations standpoint, HR may now see reverification cycles that are more frequent and more closely spaced, especially if employees are filing renewals 6 months before expiration. More frequent expirations may mean more reverification events, more reminders, more conversations with employees about timing, and more room for something to potentially slip through the cracks.
Given this new landscape, many employers are taking a fresh look at their reverification and workforce planning processes. Depending on your organization’s risk tolerance and guidance from counsel, the following practices may be helpful to consider.
Some organizations find it useful to run a report on all current employees who presented an EAD for Form I-9. From there, you can identify upcoming expirations, note which categories are involved, and help determine potential risk. This kind of snapshot can make it easier to see who may be affected by the new rules and who may be covered by earlier automatic extension provisions.
Without the same level of automatic extension protection, timing becomes more important. HR may wish to refresh employee communication templates so that individuals who rely on EADs understand the typical filing windows and are encouraged to start renewals well in advance of expiration, in coordination with their immigration counsel.
It may be a good time to review how you track your expiring work authorization and related reminders. For example, you may wish to confirm that alerts are keyed to the actual card expiration date, that any legacy assumptions about 540 day extensions are updated, and that you clearly distinguish between categories that still benefit from separate automatic extension rules, such as certain F-1 student scenarios.
Because processing times and the loss of automatic extensions can increase the chance of short-term lapses in work authorization, some HR teams are treating this as a workforce planning issue as well as a compliance issue. That may include briefing managers about the possibility of temporary breaks in employment for affected roles, identifying critical positions where coverage plans are needed, and coordinating early with legal and immigration resources when higher risk cases are identified.
As USCIS continues to recalibrate work authorization rules and processes, employers are likely to see additional updates that affect how long noncitizen employees can work and what evidence they can present. Staying aware of these developments and aligning internal processes and technology in consultation with immigration counsel, can help reduce unwanted surprises.
If you’re looking for support in tracking expirations, managing reverifications, or integrating these changes into your I-9 workflow, the team at Equifax Workforce Solutions is here to help. Reach out to your AE or visit us online.
About the Author
Job Title: Director of Product Strategy
John Fay is an attorney and technologist with a deep applied knowledge of business immigration, I-9, and E-Verify rules and procedures. During his 20-plus-year career, he has worked closely with corporations, educational institutions, and government agencies on a variety of U.S. immigration and I-9/E-Verify issues, often in connection with the use of software and case management technology. He is a frequent speaker on corporate immigration compliance, presenting at various employment and immigration conferences throughout the U.S. During the past decade, he has spoken in more than 300 live and virtual presentations on I-9 and E-Verify topics, often serving as the moderator. He is also a prolific writer on both I-9 and E-Verify, authoring more than 500 articles for human resources professionals and related associations.