Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

DHS Ends All Employment Authorization Auto-Extensions

Client Alert
October 29, 2025

Effective Date: October 30, 2025 (Federal Register Publication)
DHS Docket No. USCIS-2025-0271 | 8 CFR 274a.13

Critical Update: The 180-day automatic work authorization renewal is gone. The 540-day automatic renewal will only apply to renewals filed before October 30, 2025. After that date, there will be no grace period for expired work authorizations.

Renewal Filed BEFORE Oct 30, 2025 Renewal Filed ON/AFTER Oct 30, 2025
✅ Up-to-540-day auto-extension (NOT 180) ❌ NO auto-extension — 0 days
Employee may work with expired EAD + Form I-797C receipt Employee must stop work on EAD expiration; no grace period
Valid until earlier of 540 days, approval, or denial Work resumes only with new EAD
I-9: Accept expired EAD + receipt I-9: Only unexpired EAD

⚡ 180-DAY RULE IS GONE — Replaced by 540 in 2024. This new rule keeps 540 ONLY for pre-Oct 30 filings. No fallback to the old grace period.

What Changed?

  • DHS eliminated automatic extensions for all work authorization renewal filings on or after October 30, 2025.

  • Applies to: 8 CFR 274a.12(c) EADs (asylum, TPS, adjustment, etc.).

  • Does not apply to: H-1B, L-1, or other non-EAD-based categories; TPS via Federal Register notice.

Employer Action Steps (Start Now)

1. Audit EAD Workforce

  • List all EADs expiring after October 30.

  • Confirm renewal filing date (before vs. on/after Oct 30).

2. Notify & Train Employees

  • Advise employees to file 180+ days early to avoid unpaid leave.

  • Train HR: no work is allowed after EAD expiration post-Oct 30.

3. I-9 Compliance

  • Reverify ON/BEFORE expiration.

  • Never accept expired EADs without valid 540-day proof (pre-Oct 30 only).

4. Plan for Gaps

  • Zero tolerance: Employees cannot work during gap.

  • Options: unpaid leave or termination/rehire.

Penalties

Employer Employee

Civil: $281 – $27,894 per violation

Unauthorized work = removal, benefit bars

Criminal: $3,000 + 6 mo. jail

Fines up to $2,789 per day

Resources

Bottom Line: After October 30, employees cannot work once their EAD expires. No 180- or 540-day extensions. Take action now.

For guidance on managing EAD renewals and compliance, contact BMD Member Rob Ratliff at raratliff@bmdllc.com.

ImmigrationWorkforce Enforcement of Immigration LawsRobert Ratliff
Client Alert

Ohio Recovery Housing Operators Beware: House Bill 58 Seeks to Make Major Changes

February 26, 2025Ohio House Bill 58 proposes significant changes to recovery housing oversight, granting ADAMH Boards authority to inspect and investigate recovery residences. The bill also introduces a Certificate of Need (CON) program, requiring state approval for major facility changes. OMHAS will assess applications based on cost, quality, accessibility, and financial feasibility. The bill also establishes a recovery housing residence fund to support inspections. For more information, contact BMD attorneys Daphne Kackloudis or Jordan Burdick.Client Alert

January 2025 Notice of Proposed Rulemaking Brings Notable Changes to HIPAA Security Rule

February 25, 2025In January 2025, the U.S. Department of Health and Human Services proposed amendments to the HIPAA Security Rule, aiming to enhance cybersecurity for covered entities (CEs) and business associates (BAs). Key changes include mandatory compliance audits, workforce training, vulnerability scans, and risk assessments. Comments on the proposed rule are due by March 7, 2025.Client Alert

Corporate Transparency Act Effective Again

February 20, 2025The federal judiciary has issued multiple rulings on the enforceability of the Corporate Transparency Act (CTA), which took effect on January 1, 2024. Previously, enforcement was halted nationwide due to litigation in Smith v. U.S. Department of the Treasury. However, on February 18th, the court lifted the stay, reinstating the CTA’s reporting requirements. Non-exempt entities now have until March 21, 2025, to comply. Businesses should act promptly to avoid civil penalties of $591 per day and potential criminal liability.Client Alert

Status Update: Physician Noncompete Agreements in Ohio

February 11, 2025Noncompete agreements remain enforceable in Ohio if they meet specific legal requirements. While the AMA and FTC have challenged these restrictions, courts continue to uphold reasonable noncompete provisions for physicians. Recent cases, like MetroHealth System v. Khandelwal, highlight how courts may modify overly restrictive agreements to balance employer interests with patient care. With ongoing legal challenges to the FTC’s proposed ban, Ohio physicians should consult a healthcare attorney before signing or challenging a noncompete agreement.Client Alert

Immigration Orders and Their Economic Impact on Small Business: Insights from Attorney and Former Immigration Judge Rob Ratliff

January 30, 2025President Trump's recent executive orders, targeting immigration policies, could significantly impact small businesses in Ohio, particularly those owned by undocumented immigrants. With stricter visa vetting, halted refugee admissions, and potential deportations, these businesses face uncertainty, workforce disruption, and closures. Ohio's immigrant-owned businesses, especially in food services and transportation, contribute billions to the state economy, and any disruption could result in economic ripple effects.
Older posts
Newer posts