On Oct. 29, 2025, the U.S. Department of Homeland Security (DHS) announced an Interim Final Rule (IFR) to end the practice of automatically extending the validity of certain Form I-766, Employment Authorization Documents (EADs), when a renewal Form I-765, Application for Employment Authorization, was timely filed. Renewal EAD applicants who file Form I-765 on or after Oct. 30, 2025, will no longer receive an up to 540-day automatic extension of their EAD and/or employment authorization.
The Form I-797C, Notice of Action, receipt notice for a Form I-765 renewal application filed on or after Oct. 30, 2025, will now state the document is not evidence of employment authorization and cannot be used by itself or when presented with an expired EAD as proof of employment authorization.
This IFR does not impact EADs that were automatically extended due to a Form I-765 renewal application being timely filed prior to Oct. 30, 2025. Such employees in certain categories may present their Form I-797C receipt notice for their renewal EAD application to their employer to show that the validity of the eligible EAD has been automatically extended as evidence of continued employment authorization. See Section 5.1 of the M-274 for a list of categories.
See the USCIS News Alert for more information and refer to Section 5.0 of the M-274 for updated Form I-9 guidance.
Original content by the U.S. Citizenship and Immigration Services. This information is provided with the understanding that Payroll Partners is not rendering legal, human resources, or other professional advice or service. Professional advice on specific issues should be sought from a lawyer, HR consultant or other professional.
