The U.S. Department of Homeland Security (“DHS”) has announced an interim final rule that will significantly change how Employment Authorization Documents (“EADs”) are renewed. Effective October 30, 2025, foreign nationals filing for EAD renewal will no longer receive automatic extensions while their applications are pending—except in limited cases provided by law or under Temporary Protected Status notices.
Under the new rule, DHS aims to strengthen screening and vetting procedures before renewing work authorization. The agency notes that this change will allow U.S. Citizenship and Immigration Services (“USCIS”) to review applicants’ backgrounds more frequently, helping to deter fraud and identify individuals who may pose security risks.
The USCIS Director, Joseph Edlow, emphasized the administration’s focus on national security, stating that prior policies “prioritized aliens’ convenience ahead of Americans’ safety and security.” He called the new rule “a commonsense measure to ensure all appropriate vetting is completed before extending employment authorization”, underscoring that “working in the United States is a privilege, not a right.”
For foreign nationals working in the U.S., the most immediate implication is timing. The USCIS recommends individuals to file renewal applications up to 180 days before their current EAD expires. Those who delay may face a temporary gap in employment authorization, which can affect both their ability to work and employers’ compliance responsibilities.
Employers should review their internal processes for verifying employment eligibility and consider advising affected employees to apply early. The new rule does not affect EADs automatically extended before Oct. 30, 2025.
If you have questions about EADs or other U.S. visa and immigration matters, contact us at info@enterlinepartners.com.
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Copyright 2025. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.
