On October 30, 2025, citing national security interests, the Department of Homeland Security issued an interim final rule, effective immediately, ending the practice of automatically extending Employment Authorization Document (EAD) renewals for most asylum seekers, refugees, and nonimmigrants. Considering the backlog of renewal applications, employers should anticipate increased risk of lapses in work authorizations.

By way of background, asylum seekers, refugees, and nonimmigrants are required to obtain an EAD before they are permitted to work in the United States. The EAD evidences their authorization to work in the United States for a specified period of time. While the individual is responsible for obtaining the EAD, the onus is on the employer to maintain compliance with the Immigration and Nationality Act by tracking workforce authorizations via Form I-9.

Before the Department of Homeland Security issued the Interim Final Rule on October 30, 2025, asylum seekers, refugees, nonimmigrants, and their employers enjoyed automatic extensions upon the timely filing of a renewal EAD application. However, under the interim final rule, this automatic extension is limited to specific groups including those individuals who timely filed renewal EAD applications prior to October 30, 2025, recipients of STEM OPT visas, and certain nonimmigrant visa holders including L-1, H-1B, O-1, and others.

Given the immediate change, employers are advised to identify non-excepted employees with upcoming EAD expirations, encourage them to file for their EAD renewal early, and immediately audit I-9 tracking for purposes of updating reverification calendaring and reminder systems accordingly. If no exception applies and the EAD expires, employers must cease employment from the day after expiration until receipt of the renewed EAD. Otherwise, employers risk civil and criminal liability.

With the above in mind, employers must also remember that they are prohibited from discriminating against employees based on national origin, citizenship, or immigration status. To this end, employers should maintain consistent, nondiscriminatory reverification practices tied to document expiration dates, not an individual’s nationality or perceived immigration status.

For more information or assistance with I-9 compliance and workforce authorization, please contact a Bennett Law Firm attorney.