DHS Ends Automatic Extension of Employment Authorization

Immigration News

DHS letter for an EAD extension and renewal
CitizenPath Staff
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DHS Ends Automatic Extension of Employment Authorization

The Department of Homeland Security (DHS) issued an interim final rule that eliminates the automatic extension of employment authorization documents (EADs) for non‑citizens who file a renewal application on or after October 30, 2025. Until now, it was possible to get an automatic extension after filing your EAD renewal. For certain filers, the prior EAD was automatically extended (for up to 540 days in many categories) while the renewal was pending. Under the new rule, for renewal filings on or after October 30, that automatic extension will no longer apply for most categories. DHS frames this change as necessary to allow “proper screening and vetting” of applicants before extending their work authorization.

This affects non‑citizens applying to renew EADs in many categories in many cases) will be impacted. There are some limited exceptions to this rule, including extensions provided by law or through a Federal Register notice for TPS-related employment documentation. The rule doesn't affect EADs which were extended before October 30.

What it means for immigrants:

The end of automatic EAD extensions means many immigrants may face work interruptions if renewals are delayed. Affected individuals, including H-4 spouses and adjustment applicants, should file Form I-765 up to 180 days prior to an extension to avoid gaps in employment. Confirm you continue to be eligible before filing a renewal application. And take time to proactively plan your immigration journey and filing requirements.

Other Key Immigration Updates

New Biometric Photo Requirement for Non‑Citizens Exiting the U.S.

Starting December 26, 2025, the U.S. Customs and Border Protection (CBP) will require photographs (and potentially other biometric data) of all non‑U.S. citizens — including immigrants, visa‑holders, green‑card holders — when exiting the country at airports, seaports, and land crossings.

Enhanced Facial Recognition and Exit Tracking for Non‑Citizens

A related rule will expand facial‑recognition and biometric exit tracking for non‑citizens at U.S. borders, aiming to detect over‑stays and passport fraud.

Green Card Lottery Continued Delay (DV‑2027 Cycle)

The U.S. Department of State (DOS) has confirmed that the registration period for the Diversity Immigrant Visa Program (commonly known as the “green card lottery”) for fiscal‑year 2027 has not yet been scheduled. While the lottery typically opens in early October, no dates have been announced for the DV‑2027 cycle. The State Department did not provide a reason for the delay.

H-1B Spouses Feel the EAD Pinch More Than Others

Immigration advocates warn the employment‑authorization change may disproportionately impact spouses of H‑1B workers and others in “dependent” EAD categories, citing potential job loss and family income disruption.

What It Means for Immigrants

  • Work Permit Changes: If you renew your EAD on or after October 30, you may not be able to continue working simply on a pending renewal receipt. That means you must plan ahead to avoid a gap. File your I-765 renewal 180 days prior to your EAD expiration.
  • Biometric Exit Requirement: If you are a non‑citizen, even a lawful permanent resident, who is leaving the U.S., you should anticipate that CBP will photograph you, potentially fingerprint you, and capture other biometric data. This may affect travel planning or exits for work, family or leisure.
  • DV Lottery Delay: Immigrants hoping to apply for the DV-2027 program must remain patient. The delay means fewer preparation timelines this fall. Applicants should watch for updates from the U.S. State Department (not unofficial sources) to avoid scams and missed deadlines.

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