On October 29, 2025, the Department of Homeland Security (DHS) announced a new federal rule that will end the practice of allowing for an automatic extension of employment eligibility for someone renewing their Employment Authorization Document (EAD).

Under the automatic extension practice, foreign nationals who had filed an application in a timely manner to renew their EAD in certain categories would receive an automatic extension of their employment authorization validity anywhere between 180 days to 540 days from the expiration date of their current EAD, while their renewal application was pending.

DHS stated that ending this practice will prioritize “vetting, screening to protect public safety, and national security.”

Beginning on October 30, 2025, foreign nationals who file to renew their EAD will no longer receive an automatic extension of their employment authorization. Going forward, foreign nationals will need to produce an original, valid EAD to evidence continuing employment eligibility.

DHS has carved out limited exceptions to the interim final rule, including extensions provided by law or through a Federal Register notice for Temporary Protected Status-related employment documentation – EAD categories (a)(12) and (c)(19).

The interim final rule does not affect EADs automatically extended before October 30, 2025.

It is important for employers to track EAD eligibility periods for their foreign national workforce. Employers should proactively encourage their foreign national employees to apply for EAD extensions as early as the law permits. Foreign national may apply for EAD extensions by filing an I-765 with the United States Citizenship and Immigration Services (USCIS).

The specific EAD category will dictate how early a foreign national may file an extension application.

Generally, applications for extension of employment authorization can be filed up to 180 days before the expiration of the current EAD.

Exceptions to the general rule are:

• Optional Practical Training (OPT) for F-1 Students:
  • F-1 students applying for post-completion OPT can file Form I-765 up to 90 days before their program end date and no later than 60 days after their program end date. The application must be filed within 30 days of the date the Designated School Official (DSO) enters the recommendation for OPT into the SEVIS record.
  • For a 24-month STEM OPT extension, the application can be filed up to 90 days before the expiration of the current OPT.
• Adjustment of Status Applicants: Applicants for adjustment of status may file Form I-765 concurrently with Form I-485, Application to Register Permanent Residence, or Adjust Status. An extension application can be filed 180 days prior to the EAD’s validity period end.
• Asylum Applicants: Asylum applicants can file Form I-765 based on a pending asylum application 150 days after filing their asylum application. They are not eligible to receive an EAD until their asylum application has been pending for at least another 30 days, totaling 180 days.

DHS has indicated there may be future changes to employment eligibility options for foreign students; at present, USCIS allows for Premium Processing Service for OPT and STEM OPT EAD applications, which guarantee adjudication in 30 days. The government filing fee to this expedited service is $1,685.

Please do not hesitate to reach out to someone on Ice Miller’s Immigration Team with any questions you may have.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.