Just two days before today’s mobility briefing, the Department of Homeland Security (DHS) abruptly rescinded the pandemic-era rule that had granted up to 540-day automatic extensions for Employment Authorization Documents (EADs). Effective October 30, 2025, renewal applicants will no longer receive the blanket grace period and must wait for full adjudication before continuing to work, unless another automatic-extension category (e.g., TPS) applies.
Homeland Security Secretary Kristi Noem said the decision followed a high-profile attack in Colorado perpetrated by an asylum-seeker whose work permit had been auto-extended under the previous administration. DHS argues that reverting to standard validity rules allows more rigorous vetting and reduces security risks.
![DHS Cancels Automatic 540-Day Work-Permit Extensions After Security Incident]()
For employers, the policy change is immediate: staff whose EADs are expiring after 30 Oct 2025 may face work interruptions if USCIS has not approved their renewals. Corporate mobility teams should audit all foreign national employees on EADs—including L-2, H-4, pending‐AOS, and asylum categories—and file extension requests at least six months in advance.
Immigration advocates warn that processing times already average nine months. Without automatic protection, tens of thousands of healthcare workers, IT contractors and seasonal staff could fall out of work status, disrupting business operations just ahead of the holiday peak. Some unions are lobbying Congress to restore an interim extension, but passage amid the shutdown is unlikely.
Practically speaking, employers should prepare termination-postponement templates, explore alternate visa options (such as cap-exempt H-1B) and liaise with vendor counsel to prioritize affected cases. Internal communications should advise managers that inability to work due to EAD lapse is not cause for dismissal if leave without pay can be granted pending approval.
Homeland Security Secretary Kristi Noem said the decision followed a high-profile attack in Colorado perpetrated by an asylum-seeker whose work permit had been auto-extended under the previous administration. DHS argues that reverting to standard validity rules allows more rigorous vetting and reduces security risks.
For employers, the policy change is immediate: staff whose EADs are expiring after 30 Oct 2025 may face work interruptions if USCIS has not approved their renewals. Corporate mobility teams should audit all foreign national employees on EADs—including L-2, H-4, pending‐AOS, and asylum categories—and file extension requests at least six months in advance.
Immigration advocates warn that processing times already average nine months. Without automatic protection, tens of thousands of healthcare workers, IT contractors and seasonal staff could fall out of work status, disrupting business operations just ahead of the holiday peak. Some unions are lobbying Congress to restore an interim extension, but passage amid the shutdown is unlikely.
Practically speaking, employers should prepare termination-postponement templates, explore alternate visa options (such as cap-exempt H-1B) and liaise with vendor counsel to prioritize affected cases. Internal communications should advise managers that inability to work due to EAD lapse is not cause for dismissal if leave without pay can be granted pending approval.
