New England Biz Law Update
The Department of Homeland Security (DHS) has issued an interim final rule ending automatic extensions of certain Employment Authorization Documents (EADs) for non‑citizen workers whose renewal applications are pending with U.S. Citizenship and Immigration Services (USCIS).
Previously, many renewal applicants were permitted to continue working for up to 540 days after their permit expired under a Biden‑era extension policy.
Under the new rule, individuals who file their renewal applications on or after October 30 will not receive an automatic extension of work authorization simply by virtue of timely filing. Instead, work authorization will lapse unless the renewal is approved.
Employers may need to account for potential gaps in authorization and adjust I‑9 compliance and workforce planning accordingly.
The change is part of DHS’s stated objective to enhance screening, vetting, and national security assessments rather than relying on a grace period that allowed work authorization to continue during processing delays.
Apart from the procedural change, the rule highlights risk exposure for employers.
Employees whose EADs expire while renewals are pending may become unauthorized to work, placing both the worker and employer in a compliance‑vulnerable position.
Legal analysts expect that the situation will put pressure on renewal filings, employee communications and contingency planning, especially for organizations employing higher numbers of non‑citizen workers in roles critical to operations.
As a result, the best course of action for employers is to:
- Review upcoming EAD expirations among staff and flag those filing renewals.
- Adjust I‑9 verification tracking systems and discuss contingency plans in cases where authorization may lapse.
- Communicate with impacted employees: advise timely filing (USCIS recommends up to 180 days before expiration) and explore alternative visa or work‑authorization pathways if needed.
- Factor potential staffing disruptions into operations and talent‑management strategies, particularly in industries that rely heavily on foreign‑national labor.
