Field Alerts are rapid-response updates from SFINY’s Emerging Issues (EI) Team. They provide Affiliates and other legal practitioners with timely, action-focused guidance on major immigration policy changes, federal litigation, and executive actions.

Unlike longer advisories or trainings, Field Alerts are short, standardized, and designed to help practitioners know what just changed, why it matters, and what to do next.

What Happened?

On Oct. 29, 2025, the Department of Homeland Security (DHS) announced an interim final rule (IFR) removing automatic extensions for Employment Authorization Documents (EADs) for all EAD categories that used to qualify for the 540-day extension.

Though this rule is set to be published tomorrow, Oct. 30, U.S. Citizenship and Immigration Services (USCIS) sent out a notice today, Oct. 29, announcing this change. Once the rule is published, it takes effect immediately, and timely EAD renewal filings trigger an automatic extension of work authorization. Applicants who file Form I-765 on or after that date will not be able to use an expired EAD together with an I-765 receipt notice for employment.

Why It Matters?

Applicants who file their EAD renewal application on or after Oct. 30, 2025, will no longer receive an automatic extension of their work authorization.

Previously, certain EAD categories were granted a 540-day automatic extension while their EAD renewal application was pending with USCIS. This IFR completely removes the 540-day extension.

The IFR states that this change will not impact EAD renewal requests sent before Oct. 30, 2025, or those already granted automatic extensions.

Immediate Action for Practitioners

• Unfiled EAD Renewal Applications:
  Review any pending EAD renewal cases not yet filed and analyze whether filing before Oct. 30, 2025, is possible, keeping in mind that those filed after this date will NO longer be eligible for an automatic extension. Reminder: Form I-765 can be filed online.
• Identify at-risk clients:
  Prioritize clients whose EADs expire in the next 6-12 months and file applications as early as possible (note specific “When to File” guidelines on USCIS’ I-765 page).
• Automatic extensions granted before Oct. 30, 2025:
  Individuals who received automatic extensions before Oct. 30 will not be affected by this change. Their driver’s license and work authorization eligibility should remain valid until the extension expires or until their renewal application is adjudicated.
• Prepare employer guidance:
  Prepare employer guidance on the IFR and explain that individuals who already have an automatic extension remain fully employment-authorized until the extension expires or USCIS adjudicates the renewal. Practitioners may also want to provide clients or their employers with a copy of the published IFR, so they can clearly see that individuals with existing automatic extension remain employment- authorized.
• Counsel clients to expect a work authorization gap:
  For renewals filed after Oct. 30, explain that USCIS will not extend their EAD while the renewal is pending, and continued employment during this time carries risks once the EAD expires, including unauthorized employment findings and potential negative immigration consequences.
• USCIS fee:
  Practitioners should keep in mind that USCIS no longer accepts payment via check or money order.

Resources and References

• IFR: Removal of the Automatic Extension of Employment Authorization Documents
• DOJ: Immigrant & Employee Rights Section
• NILC: Proving Work Authorization & Reverification
• SFINY: Practice Pointer: USCIS Transition to Electronic Payments