With the rapidly changing environment surrounding employment authorization documentation, it’s critical to understand the legal nuances of employing people whose work authorization depends on temporary documentation.
Because this issue directly impacts manufacturers, distributors, and 3PL facilities, we spoke with an immigration attorney to get clear, practical answers to common questions. We consulted Susan Bond, an employment-based immigration attorney with more than 24 years of experience based in Dallas-Fort Worth.
Here are real-life scenarios we’ve encountered and the expert insights we gained so you know exactly how to handle these situations if they come up at your facility.
Scenario 1: Employee has already filed and gotten another EAD status.
A: “For employees who already have an approved EAD (the card, not a notification saying they have an approved EAD on the way), their I-9 can be updated and they can work.”
Scenario 2: Employee says they have already applied, but have not been approved yet.
A: “It doesn’t matter if they have applied for a different form of work authorization, they can’t continue working without the approval/EAD.”
Scenario 3: Employee states they will be getting a receipt within the next few days.
A: “For employees on TPS, or a change of status to another nonimmigrant category, receipt notices can’t be used for proof of work authorization.”
Scenario 4: Employee applied a few months ago, but is still awaiting the actual card.
A: “The processing times to adjudicate EADs can be several months, so individuals who applied but can’t provide the actual card can’t be employed.”
Scenario 5: Employees consulted with immigration lawyers who said they had EAD approved and would have documentation within 72 hours.
A: “That’s not been my experience at all. When the approval email notices are issued, it can take anywhere from 2 weeks to a month to receive the EAD card.”
Scenario 6: Employee states they are not allowed to renew for 180 days.
A: “Most visa categories won’t allow you to apply for an extension more than 180 days from the expiration date on the current visa category. But that rule isn’t applicable to an application for a new EAD. If someone has tried to apply for a new EAD, their current EAD may not be registering as revoked.”
At the end of the day, revoked C11s can create a lot of uncertainty, and it’s easy for both employees and employers to get caught in the confusion. For manufacturers, distributors, and 3PL facilities, where maintaining a reliable and authorized workforce is critical, these situations can feel especially tricky to navigate.
As Susan Bond explained, “There is going to be a good deal of misinformation, and unscrupulous people who will take advantage of this situation. A lot of people on TPS go to notaries, not lawyers."
While the work authorization status issue remains tenuous, it’s more important, and more challenging than ever to seek updates from reputable sources. We hope this helps you feel more prepared to navigate C11 expirations should your business be impacted by them.
KP Staffing specializes in manufacturing, distribution, and 3PL staffing. We source employees for a variety of positions across skill levels for distribution and manufacturing facilities across the Dallas-Fort Worth and Houston areas, and now Atlanta, GA, and Memphis, TN!
You can learn more about us here!