Preventing Work Authorization Gaps: An Employer’s Guide To Immigration Changes

Two federal changes could leave some employees unable to work or without lawful status on short notice. First, most timely filed Employment Authorization Document (EAD/work permit) renewal applications no longer automatically extend work authorization while a decision is pending. Second, the Department of Homeland Security (DHS) has proposed ending the 60-day grace period that currently protects certain sponsored workers after their employment ends. Both changes hinge on specific dates, so the safest approach is to identify each affected employee’s deadlines now and distinguish between two questions: Is the employee authorized to work? And is the employee permitted to remain in the United States?