Legal professionals, particularly those in large corporations and law firms, should be aware of the upcoming sunset of a Temporary Final Rule that extends the validity of certain Employment Authorization Documents (EADs) by up to 540 days. This rule is set to expire on October 26, 2023. This information is especially important for employers and HR departments as they navigate the complexities of immigration laws and regulations in the United States.
JD Supra reports that many employees provide an EAD as evidence of their authorization to work in the United States as part of their I-9 obligations. EADs have an expiration date, which can vary depending on the category upon which the EAD is based.
In some categories, the United States Citizen and Immigration Services (USCIS) permits individuals to continue working while an extension application is under review, even if their EAD card has expired. Historically, USCIS has granted an automatic 180-day extension, however, the Temporary Final Rule has expanded this extension period considerably.
As the rule sunsets, employers need to be prepared for the potential changes in validity periods and work closely with their legal teams to ensure compliance. The lapse of the rule also highlights the need for employers to stay abreast with ongoing changes in immigration policies and regulations.