EADs, the I-9 and the 39-country hold: decisions an employer cannot postpone

For about six months in 2026, employees from 39 countries could file an EAD renewal and wait with no prospect of a decision. The court order that ended the hold did not end the employer’s problem: a card that has expired is still expired.

What the holds did

USCIS placed holds on pending benefit requests for nationals of designated countries in PM-602-0192 of December 2025 and extended them to the countries listed in a later proclamation in PM-602-0194 of 1 January 2026. Employment authorisation was among the affected benefits. Combined with the end of automatic EAD extensions, a renewal on hold meant a work permit expiring on a known date.

On 5 June 2026 the District of Rhode Island vacated both memoranda and a related policy alert. USCIS says, in its alert on the court order, that the vacatur applies agency-wide and that the memoranda should be treated as not in effect, while it pursues further review. The litigation is covered in Dorcas v. USCIS.

What the employer must still do

• Reverify at the card's expiry date. The hold does not extend the card, and since the final EAD rule a pending renewal does not either, as explained in the final EAD rule.
• Accept any valid document from the lists. Do not ask for a specific document or treat employees differently because of their nationality; the reverification calendar explains why this is a separate legal exposure.
• Do not reverify permanent residents because their card has expired. Under 8 C.F.R. § 274a.12(a)(1) an expiration date on the green card reflects only that the card must be renewed. Renewal delays are a separate issue, covered on Mandamus.com's I-90 page.
• Identify employees whose EADs are based on pending asylum claims, which were subject to a separate global hold; Mandamus.com covers that route on asylum mandamus.

When the card runs out first

If no valid document can be presented, the employee cannot keep working, whatever the reason for the delay. The decisions that follow are employment decisions, unpaid leave, temporary reassignment abroad, separation, and they need employment counsel as the 540-day guide already warns. The household dimension described in H-4 and L-2 delays applies here too.

A renewal still not moving after the vacatur is a candidate for an inquiry citing the USCIS alert and, if that fails, a suit to compel a decision. The arguments the government raises in response are summarised on Mandamus.com's page on government defences, and the claim itself on I-765 mandamus.

Questions

Does the vacatur extend expired EADs?

No. It removes the hold policy. The card still expires on its date unless an extension provided by law or Federal Register notice applies.

Can an employer ask employees from affected countries for extra documents?

No. Employees choose which acceptable documents to present, and treating workers differently by nationality creates discrimination exposure.

Do expired green cards need reverification?

No. The expiration date on a permanent resident card reflects only that the card must be renewed, not that work authorisation has ended.

General information, not legal advice. Rules and processing practice change; verify against the agency's own published figures and take advice on your own facts.