The Department of Homeland Security has published a final rule that permanently ends the practice of automatically extending Employment Authorization Documents (EADs) for many foreign nationals who file timely renewal applications. Under the old policy—first introduced in 2016 and expanded temporarily during the pandemic—certain renewal applicants could keep working for up to 540 days after their cards expired simply by filing a renewal request on time. Employers came to rely on the automatic extension to avoid costly interruptions when U.S. Citizenship and Immigration Services (USCIS) backlogs grew. Beginning 14 October 2026, that grace period disappears for renewal applications filed on or after 30 October 2025. Renewal applicants must now wait for USCIS to finish security vetting and issue a new card before they may continue working. USCIS estimates that 20,000–33,000 workers could experience an employment lapse during the first 18-month window after implementation, potentially costing businesses more than US$300 million in turnover and productivity losses. DHS argues that the policy shift is necessary to reinforce national-security vetting and to align with Executive Orders 14159 and 14161, which direct agencies to ensure that no unauthorized worker receives employment authorization. Critics, including several business associations that commented on the interim rule in 2025, warn that the change will aggravate labour shortages in healthcare, hospitality and technology unless USCIS expands premium-processing capacity or shortens EAD-processing times. In practice, multinational employers should audit their foreign-worker populations immediately, identify whose EADs will expire in the next 12 months, and file renewals at the earliest allowable date (generally 180 days before expiry). Companies should also prepare contingency plans—such as paid leave or job sharing—for employees who may fall out of work status while their renewals are pending.
Source: Federal Register
