Re: Removal of the Automatic Extension of Employment Authorization Documents, DHS Docket No. USCIS-2025-0271

The Immigration and Nationality Act (INA) makes it unlawful “to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien … with respect to such employment.” The statute defines “unauthorized alien” as an alien who is not either a lawful permanent resident or “authorized to be employed by [the INA] or by the Attorney General.” Accordingly, an alien may only be authorized to work through statute, regulation, or authorization otherwise granted by the Department of Justice (DOJ) or DHS.

DHS regulations restrict work authorization to three classes of aliens who are eligible for employment in the United States: 1) aliens who are eligible “incident to status” for any employer, as well as to engage in self-employment, as a condition of the immigration status; 2) aliens who are also authorized to work “incident to status,” but generally the authorization is only valid with a specific employer, as a condition of their immigration status; and 3) aliens who are required to apply for a discretionary grant of employment authorization. Certain aliens listed in the first class and all eligibility categories listed in the third class, as well as additional categories specified in the Form I-765 instructions, must properly file an employment authorization document (EAD) application with the U.S. Citizenship and Immigration Services (USCIS) before an alien can receive an EAD and/or employment authorization. Moreover, for aliens included in the first and third classes, USCIS may establish a specific validity period in its discretion.