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The End of EAD Auto-Extensions – Employers Take Notice!
On October 29, 2025, the Department of Homeland Security (DHS) announced it is ending “automatic extensions” of temporary worker employment authorization for those whose status categories are applicable. DHS is ending this practice and procedure as of October 30, 2025. The Department has cited the need for “proper vetting and screening of aliens before granting a new period of employment authorization” as the main reason for the termination of the automatic extension processes. Federal Register Notices and other DHS announcements for employment authorization extensions may still occur in the future; however, those are typically very narrow in scope and often relate to individuals with Temporary Protected Status (TPS).
DHS Ends Automatic EAD Extensions: What Employers Need to Know
Companies hiring workers in the U.S. must complete and maintain DHS I-9 Forms to verify each employee’s identity and employment eligibility. For employees with temporary work authorization from DHS, employers must ensure continuous and uninterrupted documentation of that authorization on the I-9 Forms. Most temporary workers receive an Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Services (USCIS), a component agency under the DHS umbrella. EADs display issuance and expiration dates, and there are about 57 categories of temporary work authorization. Depending on the category, USCIS grants specific periods of employment authorization (many now lasting up to five years, including for most asylum applicants). Most categories require individuals to obtain a new EAD before their current authorization expires to continue working without interruption. However, USCIS allows a limited number of categories to keep working by presenting a timely filed renewal receipt to their employer. In these cases, DHS provides “automatic extensions” of work authorization (currently up to 540 calendar days) which must be recorded on the individual’s I-9 Form in the Section 2 Additional Information Box.
All of that is ending now – automatic extensions will no longer be permitted for those employees whose applications for new EADs have been received by USCIS on October 30, 2025 or later. Those receipts cannot be accepted by employers for the purpose of extending work authorization in the 18 specific category codes. What does that mean to employers who have temporary workers who fit into any of the 18 different categories? The DHS move away from the auto-extensions is a game-changer for businesses and their respective staff who are responsible for making sure work authorization evidence is documented properly and maintained continuously.
Employer Responsibilities for I-9 Compliance After EAD Changes
The responsibility for documenting work authorization, typically handled by human resources, people operations, and similar teams, will now fall under Supplement B of the I-9 form. Supplement B is the section of the form that mainly deals with reverification of EADs. To maintain continuous work authorization in the U.S., temporary workers should apply for new EADs as early as possible, up to 180 days before their current EAD expires. Employees in automatic extension categories have routinely depended on their USCIS receipts to extend their work authorization while waiting for their new EADs to arrive in the mail. Increased vetting of EAD applications and the federal government’s focus on placing aliens in removal procedures, the process of receiving a new EAD may be severely impacted and delayed. Employers must continuously remind their employees to apply early for their new EADs and follow up with each person as a best practice. Maintaining operational continuity is critical, particularly given the limited labor pool. Preventing terminations due to delayed filings and lack of updated work authorization should remain a priority for businesses that rely on USCIS receipt-based automatic extensions.
Risks of I-9 Non-Compliance: ICE Audits and Financial Penalties
The I-9 is a one-page form that appears to be simple and straightforward. Nothing could be further from the truth. The nuances and machinations of the I-9 and what is required of all personnel trying to remain in full compliance with federal requirements is daunting at best. ICE has pressed hard on the gas pedal to significantly increase its worksite enforcement capabilities and actions, which includes compliance audits of I-9 forms.
The key thing to understand about ICE’s calculation of fines during I-9 audits is that each deficient I-9 form counts as a single violation—no matter how serious the errors are. In other words, one small uncorrectable mistake is treated the same as several major ones, and the penalties can add up quickly. If a significant percentage of your I-9 forms contain errors, total fines can easily exceed $100,000 or more. The risks increase even further if you fail to properly maintain I-9 forms for temporary or short-term employees, especially when reverification is not completed on time. Simply put, ICE will issue fines whether the mistake is minor or major. Employers that proactively audit and correct their I-9 forms before an official inspection can dramatically reduce their exposure.
Immediate Action Steps
- Audit your workforce: Identify employees with temporary work authorization.
- Communicate early: Remind employees to file EAD renewals up to 180 days before expiration.
- Update HR procedures: Train staff on new DHS rules and reverification requirements.
- Monitor compliance: Track expiration dates and follow up proactively.
Expert Support for Immigration Compliance
Guidepost’s team of I-9 compliance experts can assist your business in navigating the constant changing rules and regulations that impact your I-9 compliance program. Our team stays up on the latest peculiarities of I-9 preparation, remediation processes, and procedures through active and on-going engagements with small, medium, and large sized companies across the entire country. Rapid risk-assessments, I-9 and E-Verify audits, document and identity fraud evaluations, and tailored training sessions (in-personal and virtual) to human resources personnel are our mainstays and daily workflows during this tumultuous time. We are here to help you with any immigration compliance concerns, questions, or identified needs.
John Shofi
Senior Managing Director
John Shofi has more than 20 years of government experience in key leadership roles with the U.S. Department of Homeland Security (DHS), in-depth experience at Immigration and Customs Enforcement (ICE), and a widespread knowledge of DHS operations. He provides invaluable insight in matters involving investigative and compliance issues.
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