The Department of Homeland Security (DHS) has issued an Interim Final Rule (IFR) that significantly amends the employment authorization landscape, specifically concerning the renewal of Employment Authorization Documents (EADs). Employers must take immediate action to update their I-9 verification protocols and internal policies to ensure compliance with these critical changes.
Key Changes to EAD Renewals
This IFR, effective October 30, 2025, ends the practice of automatically extending the validity of EADs (Form I-766) for certain categories of non-citizens who have timely filed a renewal application.
The primary driver for this change is the DHS’s priority to properly vet and screen individuals before granting a new period of employment authorization.
The previous policy allowed certain employees who filed a timely Form I-765 renewal application to receive an automatic EAD extension, often for up to 540 days, based on the receipt notice (Form I-797C).
The New Policy
- No Automatic Extension. Renewal applications filed on or after October 30, 2025, will not receive an automatic extension of employment authorization upon filing.
- I-9 Acceptance. The Form I-797C receipt notice for a renewal application filed on or after the effective date will no longer be evidence of continued employment authorization for I-9 purposes.
It is important to note that this rule change does not have an impact on the validity of EADs that were automatically extended before October 30, 2025, or EADs otherwise automatically extended by law such as STEM Optional Practical Training (OPT) or specific Federal Register notice such certain temporary protected status (TPS) authorizations.
I-9 Compliance Implications for Employers
The removal of the automatic extension period creates a potential gap in employment authorization for workers whose EAD is expiring and whose renewal application is pending. Employers are legally prohibited from knowingly employing an individual who is not authorized to work.
When a current EAD expires, and the employee is no longer covered by an automatic extension, employers must immediately take steps to ensure continued compliance.
Next Steps for Employers
To navigate this change and maintain I-9 compliance, employers should take the following proactive steps:
- Review and Update I-9 Procedures: Immediately revise your I-9 verification and reverification procedures to account for the rule’s effective date. I-9 coordinators must be trained to differentiate between I-797C notices filed before and on or after October 30, 2025.
- Train HR and Management: Provide training to human resource personnel, managers, and supervisors on the new EAD rules and how to properly handle Form I-9 Section 3 reverification. Ensure they understand that an EAD renewal receipt filed after the effective date is not sufficient documentation for continued employment.
- Identify Affected Employees: Review your workforce, specifically those non-citizens whose employment authorization is based on an EAD, to identify upcoming expiration dates.
- Communicate with Employees: Proactively inform affected employees about the new rules and the need to file their renewal applications well in advance of their EAD expiration date to mitigate the risk of an authorization gap.
- Monitor Regulatory Developments: Continue to monitor U.S. Citizenship and Immigration Services (USCIS) guidance for any further updates or clarification regarding I-9 reverification during potential employment authorization gaps.
