U.S. Citizenship and Immigration Services (USCIS) published an interim final rule (IFR) that was effective upon publication ending its practice of automatically extending for up to 540 days the validity of employment authorization documents (EADs) (Forms I-766/EADs) for aliens who have timely filed an application to renew their EAD 180 days prior to the expiration of their current EAD and allowing the Form I-979C indicating timely filing of renewal to serve as documentation of an automatic extension of the EAD. With this rule, USCIS says it “is placing a renewed emphasis on robust alien screening and vetting [and] eliminating policies the former administration implemented that prioritized aliens’ convenience ahead of Americans’ safety and security.” USCIS is ending this auto-renewal process because at the time of issuance of Form I-797C, vetting and screening checks have not been completed and derogatory information about an applicant will not have been resolved, nor will a determination of continued eligibility have been made.
USCIS acknowledges that aliens, their families, and their employers “have relied on the automatic extensions to maintain the alien’s continuous employment authorization and/or EADs and to avoid lapses in employment authorization that may be detrimental to the alien, their family’s finances, and their employer’s operations,” and that some aliens may also rely on the automatic extension of their EAD to obtain other forms of identification, such as driver’s licenses. DHS says it is “mindful of the disruption that may occur when employment authorization and/or EADs temporarily lapse,” but believes that the weight of these interests is significantly diminished by risks that may arise from granting benefits to aliens before “eligibility” for a renewal is confirmed and prior to DHS “completing vetting and screening checks” and “resolving the potential hits and derogatory information” related to renewal applicants. To address the potential disruptions discussed above, DHS encourages proper planning by both aliens with EADs and their employers so that such aliens timely file a renewal EAD application as soon as they are eligible to reduce the risk of losing valid employment authorization and the “disruption and associated instability with business continuity or other financial harm for employers and the community as a whole.” DHS adds that this IFR will “ensure that only aliens whose eligibility has been fully determined and background vetted are in possession of EADs.”
This IFR does not impact the validity of EADs that were automatically extended prior to October 30, 2025, or EADs that are automatically extended by law or a specific Federal Register notice for Temporary Protected Status (TPS) applicants and beneficiaries that is not subsequently cancelled by the Trump Administration. The IFR also does not change the requirement that employers must use Form I-9 for reverifying employment authorization and documentation. DHS will update the I-9 Central webpage on the USCIS website and the “Handbook for Employers, M-274” to provide employees and employers with specific guidance on Form I-9 completion. Comments on the IFR are due by December 1, 2025 and should be submitted through the federal eRulemaking portal using Docket ID USCIS-2025-0271.