By Michael T. Jackson
U.S. Citizenship and Immigration Services (USCIS) published in the Federal Register on 30 October an interim final rule ending the automatic extension for the validity of an expired employment authorization document (EAD) for which a request for renewal (Form I-765) has been filed but is pending adjudication. With this rule, which had an effective date coinciding with its publication in the Federal Register, most renewal applications filed on or after 30 October 2025 will no longer be automatically extended by submission of an I-765 request for renewal.
This regulatory rule ends USCIS’s prior process of granting an automatic extension following submission of an I-765, which has been in place since the agency eliminated interim EAD issuance in favor of an 180-day maximum automatic extension via a November 2016 final rule. The maximum period was expanded by the Biden administration from 180 days to 540 days, first via temporary final rules in 2022 and 2024 and then via a final rule published in December 2024. Under the rule published last week, there would be no automatic extension, and work authorizations would expire the day after the expiration date on the EAD and would not resume until the start date on any new EAD.
While most common EAD scenarios would be subject to the requirements of this new rule, certain temporary protected status programs may still be eligible for auto-extensions if they are provided for under the provisions of a separate Federal Register notice. Additionally, STEM OPT-related automatic extensions for F-1 students would not be subject to this rule, as they are governed by separate regulations.
While the new rule did go into effect on 30 October, it is anticipated that USCIS will face litigation around this change that may impact implementation. Talent mobility practitioners should consult with their relevant immigration providers to discuss this new rule and what it might mean for their programs and for maintaining associated immigration and employment-related status compliance.
Additionally, the interim final rule included a 30-day public comment period during which USCIS would accept input from the public on the published rule. WERC is planning to submit comments on behalf of the talent mobility industry to the IFR, and individuals wishing to share input as part of the comment can connect with me or with WERC’s external lobbyist, Tracy Taylor.