Employers face growing challenges in navigating the rules surrounding Employment Authorization Documents (EADs). With shifting federal policies, automatic extension provisions, and newly-announced revocations, it can be difficult to determine which cards remain valid and which do not. This uncertainty not only creates confusion but also heightens the risk of compliance errors, as mistakes in verification may expose employers to liability.

Determining the validity of an EAD is not always straightforward. In some cases, a card that appears unexpired on its face may have been revoked. In other cases, an expired card may still be valid if the employee qualifies for an automatic extension under federal regulations. These overlapping and sometimes counterintuitive rules make it challenging for employers to assess which EADs remain acceptable for Form I-9 purposes.

To assist in this process, the following sections provide a breakdown of the key rules and categories that govern EAD validity, helping employers reduce confusion and minimize compliance risk.

Overview – What is I-9 and E Verify?

Form I-9, Employment Eligibility Verification, is used to verify the identity and employment authorization of individuals hired to work in the United States. Federal law requires employers to have their new hires complete Section 1 of the Form I-9 no later than their first day of employment. Thereafter, employers must examine the identity and work authorization documents presented by their new hires and complete Section 2 of the Form I-9 within three business days of their first day of employment. If employees present temporary work authorization, employers must reverify their employment authorization via Supplement B of Form I-9 to avoid a gap in employment eligibility.

E-Verify is a free online tool that may be used to electronically verify the identify and employment authorization information captured on the Form I-9. The purpose of E-Verify is to improve the accuracy and integrity of the employment verification process by matching employee information provided on the Form I-9 against records available from the Social Security Administration (“SSA”) and the Department of Homeland Security (“DHS”). Similar to Forms I-9, employers who utilize E-Verify must do so within three business days of the employee’s first day of employment. 

540 Day Automatic Extensions

On October 29, 2025, DHS announced that the automatic 540-day extension of employment authorization for certain EAD categories ends effective October 30, 2025. This means that if the renewal application was filed on or after October 30, 2025, the applicant is not eligible for the automatic extension. However, if the renewal application was filed on or before October 29, 2025, the applicant is still eligible for the automatic extension.

By way of background, employees with certain categories of EADs have historically received automatic extensions of employment authorization if they timely filed a renewal Form I-765, Application for Employment Authorization, before their current EAD expired and the following conditions are met:

• The Form I-797C, Notice of Action, receipt notice reflects a “Received Date” that is before the “Card Expires” date shown on the face of the EAD;
• The Form I-797C, Notice of Action, receipt notice reflects a “Received Date” on or after May 4, 2022, or a “Received Date” before May 4, 2022, but with the Form I-765 renewal still pending on that date;
• The Form I-797C, Notice of Action, receipt notice reflects that it was filed under a category eligible for an automatic extension (see full list on USCIS website); and
• The category on the current EAD matches the “Eligibility Category” or “Class Requested” listed on the Form I-797C, Notice of Action.

Notably, exceptions to the new announcement include extensions provided by law or through a Federal Register notice for Temporary Protected Status (TPS)-related employment documentation, which is discussed in more detail below.

Revocation of Humanitarian Parole

Another recent development affected employment authorization involves the parole programs for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV). On May 30, 2025 DHS began terminating parole under the CHNV programs and revoking corresponding (c)(11) EADs. This means that, even though these EADs may otherwise appear valid and unexpired, employment is no longer authorized. Moreover, not all (c)(11) EADs are affected. The revocations occur on a case-by-case basis requiring care on an employer’s part to determine employment eligibility.

To assist E-Verify employers in identifying affected employees, a new status change report was created within E-Verify. E-Verify employers must carefully monitor the status change report to identify affected employees and undertake Form I-9 verification to determine if the employees remain authorized to work. Importantly, employees presenting new List A or List C document(s) evidencing continued employment authorization are not new hires and, thus, a new E-Verify case should not be submitted.

Temporary Protected Status (TPS) Automatic Extensions

Last but not least, employers should be aware of the ever-evolving landscape of automatic extensions of work authorization for individuals granted TPS. TPS is a form of humanitarian relief available to individuals from countries designated by DHS.

DHS frequently issues automatic extensions of TPS-based EADs through official publication in the federal register. Each country’s TPS designation is unique, and the federal register notice will specify which categories of employees are covered, the length of the extension, and the new expiration date. This means that even if an employee’s EAD card appears expired, the federal register notice may provide continued authorization to work in the United States. Employers are strongly advised to retain a copy of the relevant federal register notice with the employee’s Form I-9 as documentation of compliance in case of an audit. Employers can check which countries currently have TPS designations and if their employee is eligible for automatic EAD extensions (and for how long) on the USCIS website.

What You Should Do

Employers should timely reverify affected employees and ensure they present valid documentation from List A or List C of the Form I-9 Lists of Acceptable Documents. Importantly, identity documents from List B are not subject to reverification. Failure to properly complete and retain Forms I-9 can result in fines or penalties. The current penalty range is $288 - $2,861 per Form I-9, which is adjusted yearly for inflation.

Koley Jessen will continue to monitor developments related to Form I-9, E-Verify, and employment authorization. We encourage you to contact a member of our Employment practice group with any questions.

_{This content is made available for educational purposes only and to give you general information and a general understanding of the law, not to provide specific legal advice. By using this content, you understand there is no attorney-client relationship between you and the publisher. The content should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.}