Ending EAD Extensions: Refugees and Asylees Face Work Gaps

(UNITED STATES) The Department of Homeland Security on Wednesday finalized a DHS rule that will end the practice of automatic EAD extensions for refugees and asylees, setting an effective date of October 30, 2025. Under the change, people with refugee or asylum status who file to renew their Employment Authorization Document and do not receive approval before their current card expires must stop working until a new card is issued.

The rule is not retroactive. Applicants who file before the effective date will still receive the previous automatic extension of up to 540 days while their renewal is pending.

Who is immediately affected

• Refugees and asylees who file renewals on or after October 30, 2025 will no longer get an automatic extension and must stop working if their EAD expires before a new card is issued.
• Applicants who file on or before October 29, 2025 will keep the prior automatic extension (up to 540 days) while the renewal is pending.

Practical impact on workers and families

Many impacted workers:
– File renewals close to expiration, often relying on the old automatic extension.
– Support families, pay rent weekly, and build credit and work history month by month.

A forced pause in employment can therefore have immediate financial consequences:
– Missed wages that affect rent, childcare, utilities, and other essential bills.
– Risk of debt accumulation within weeks, particularly in high-cost cities.

“If my card expires and the new one isn’t ready, I have to stop working the next day,” said Samira, a refugee from the Democratic Republic of Congo working in Minnesota. “My patients need me, but I also need to pay my bills.”

DHS rationale and official statements

DHS framed the change as part of tighter security screening and fraud control. The department said more frequent review will help detect individuals who may be ineligible and allow processing for removal if warranted.

• USCIS Director Joseph Edlow: “Working in the United States is a privilege, not a right,” calling the move “a commonsense measure to ensure appropriate vetting and screening has been completed before an alien’s employment authorization or documentation is extended.”

Exceptions and carve-outs

• There is a narrow carve-out for certain Temporary Protected Status (TPS) holders—but only if a Federal Register notice specifically grants automatic extensions for that group.
• DHS confirmed that this carve-out does not apply to refugees and asylees.

Historical context and policy shift

• The new policy reverses pandemic-era and subsequent Biden-era practices that allowed continued employment while USCIS handled backlogs and card production delays.
• Analysis by VisaVerge.com notes the change aligns with stricter benefit review trends seen through 2025.

Employer implications and compliance

Employers face new risks in workforce planning:
– HR can no longer accept an expired EAD plus a receipt notice as proof of continued work authorization.
– Employers must end or pause employment on the expiration date unless the new card is in hand.

Possible employer responses include:
1. Cross-training existing staff.
2. Using temporary staffing agencies.
3. Adjusting schedules to cover lapses.
4. Auditing expiring EADs more closely to anticipate gaps.

“We will have to pull people off the floor when their cards expire, even if they filed months ago,” said a Chicago restaurant owner. “Our staff turnover will spike just when we’ve finally reached a good rhythm.”

Industries likely to feel the strain: home healthcare, food processing, hospitality, logistics, and manufacturing.

I-9 compliance and legal considerations

• I-9 procedures must reflect that the prior automatic extension is ending; employers must verify workers remain authorized without relying on the old buffer.
• Labor lawyers advise auditing expiring EADs and building contingency plans for hard-to-fill roles.

Processing realities and backlogs

• USCIS processing averages commonly ran three to six months for renewals this year, though times are uneven.
• VisaVerge.com reported more than one million pending EAD applications in late 2025—reflecting backlog pressure from rising filings, fee changes, staffing constraints, and card production issues.
• Even though USCIS urges early filing (up to 180 days before expiration), many will still face gaps if cases are not approved in time.

Expedites and evidence challenges

• Expedite requests exist for severe financial loss or urgent humanitarian reasons but approvals are rare without detailed documentation.
• Refugees and asylees may struggle to meet expedition standards due to address changes, limited access to printers/scanners, or insufficient documentation.

Legal service providers and advocates:
– Are preparing template letters to support expedite requests.
– Note the standard for expedites remains high; strong proof of hardship is typically required.

Financial pressures and fee changes

• Asylum-based EAD renewals rose in cost in 2025.
• Filing online may cost more than filing by mail.
• Weeks without pay exacerbate already stretched family budgets and increase reliance on local nonprofits and faith groups for short-term aid.

Community and program impacts

• Refugee job placement and mentorship programs risk setbacks as gaps can derail training and cause loss of recently obtained positions.
• Employers operating on thin margins are unlikely to hold positions open for long.
• Workforce boards worry stop-and-start employment will lower retention and increase turnover costs across local economies.

“The rule will push people who are doing everything right—filing on time, following the law—into sudden unemployment,” said an advocate at a resettlement agency in Texas. “It’s not just a policy change; it’s food on the table.”

Timeline and legal posture

• The rule takes effect immediately on October 30, 2025.
• Filings stamped on or after that date follow the new approach.
• There is no announced grace period or phased rollout.
• No separate exception for refugees and asylees beyond the non-retroactive clause has been announced.
• Advocates are considering policy requests to Congress, but legislative relief is uncertain.

Practical guidance for applicants

• Use Form I-765, Application for Employment Authorization to renew EADs. The form and instructions are available at: Form I-765, Application for Employment Authorization.
• USCIS recommends filing as early as eligibility allows (up to 180 days before expiration).
• Filing early is the most practical step within a worker’s control, though it does not guarantee approval before expiration.

Recommended steps for applicants:
1. File Form I-765 as soon as eligible (up to 180 days early).
2. Keep records of filing and receipt notices in a secure, accessible place.
3. If severe financial loss is likely, prepare documentation to support an expedite request.
4. Inform employers early about pending renewals and potential gaps.
5. Seek legal aid or community assistance for help with expedites and documentation.

Final perspective

The elimination of automatic EAD extensions for refugees and asylees marks a significant rebalancing between security checks and continuous employment for people already vetted for protection.

• Supporters: call it necessary for vetting and fraud control.
• Critics: say it causes unnecessary harm to vulnerable households and destabilizes employers who labor to retain trained employees.

What happens after October 30, 2025, will be measured in real outcomes: shifts covered, rent paid, and jobs lost and regained as cases move from “pending” to “approved.” For now, refugees and asylees with soon-to-expire cards are making calendars, setting reminders, and asking supervisors for patience—while the law now requires a hard stop if the card lapses.