USCIS issued an interim final rule October 29 that ends the automatic extension of Employment Authorization Documents for renewal applications, effective for renewals filed on or after October 30. Employees will not be able to work after their EAD expires unless USCIS approves the renewal and issues a new card.
Previously, employees in specified categories could continue working for up to 540 days while renewals were pending. Limited exceptions remain for extensions required by law or announced for Temporary Protected Status (TPS).
This change could significantly impact Form I-9 compliance and workforce continuity. Employees with pending renewals will face work gaps unless renewal requests are approved before their EADs expire. USCIS advises filing renewals up to 180 days in advance, but current processing delays create risks that employees will lose work authorization.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.