Rapid-Fire Wednesdays Podcast | PERM, EADs & TPS Changes

The transcript version of our weekly Q&A for corporate immigration professionals. Join our Immigration News Digest Newsletter for more immigration updates.

By Kimberley Best Robidoux & Miki Kawashima Matrician

🎧 Available on YouTube & Spotify

In this edition of Rapid-Fire Wednesdays, WR Immigration attorneys Kimberley Best Robidoux and Miki Kawashima Matrician break down the latest U.S. immigration policy updates affecting employers, HR teams, and corporate immigration professionals. Topics include PERM labor certification suspensions, changes to Employment Authorization Document (EAD) renewals, proposed USCIS rules on deference to previously approved petitions, H-1B compliance considerations, and Temporary Protected Status (TPS) developments for Ukraine and Sudan. Discover key immigration developments and practical compliance considerations to help employers navigate evolving regulations, manage work authorization requirements, and prepare for potential changes to U.S. employment-based immigration policies.

Question 1: What does the Department of Labor’s recent PERM suspension mean for employers?

Response: On October 8, the administration announced restrictions on new and pending PERM labor certification applications involving eight major technology and IT services employers due to alleged fraud concerns related to recruitment, layoffs, and immigration program compliance. While the suspension does not directly affect existing H-1B status or work authorization, it could create complications for employees approaching the six-year H-1B limit who rely on timely PERM filings to qualify for extensions. DOL regulations allow processing suspensions of up to 180 days, with the possibility of further extensions while investigations continue. Employers should identify affected employees, review critical immigration deadlines, and coordinate with immigration counsel to evaluate alternative strategies. Importantly, an investigation does not establish wrongdoing, and a temporary processing suspension is distinct from formal debarment from the PERM program.

Question 2: What compliance considerations should employers review following the PERM suspension announcement?

Response: The recent announcement highlights the importance of proactive PERM recruitment and immigration compliance. Employers should closely review how layoffs may impact PERM filings, particularly when reductions involve related occupations at the same worksite within the preceding six months. Recruitment processes should also be evaluated to ensure job advertisements, application systems, candidate assessments, and rejection documentation accurately reflect genuine consideration of qualified U.S. workers. Employers should verify that recruitment links and email addresses function properly and that hiring decisions are supported by consistent, job-related explanations. Additionally, HR and global mobility teams should review H-1B wage compliance, job duties, work locations, and payroll records to ensure alignment with immigration filings. Internal concerns involving recruitment, compensation, or immigration compliance should be addressed promptly in coordination with counsel.

Question 3: What is changing with automatic employment authorization document extensions?

Response: USCIS published a final rule on October 14 permanently eliminating the automatic extension of up to 540 days for many Employment Authorization Document (EAD) renewal applications filed on or after October 30, 2025. The final rule adopts the October 2025 interim policy without substantive changes, meaning affected employees can no longer rely on automatic extensions while waiting for USCIS to adjudicate their renewal applications. This includes certain adjustment of status applicants and H-4 spouses whose work authorization may expire before their new EAD is approved. Employers should strengthen their work authorization tracking procedures and consider notifying employees of upcoming expiration dates more than six months in advance, particularly when employees are responsible for submitting their own renewal applications.

Question 4: What is the proposed USCIS rule eliminating deference to prior petition approvals?

Response: DHS has proposed removing the regulation requiring USCIS officers to generally defer to previous approvals when adjudicating Form I-129 petitions involving the same parties and underlying facts, unless material changes or new information justify additional review. The deference policy was intended to promote consistency and efficiency in immigration adjudications and was formally incorporated into regulations through the H-1B modernization rule in 2024. If the new proposal is finalized, USCIS officers would no longer be required to begin with deference to a prior approval and could independently reassess eligibility for extension petitions. The change would affect multiple nonimmigrant classifications, including H-1B, L-1, O-1, TN, and P petitions, potentially resulting in more Requests for Evidence, longer processing times, and increased uncertainty for employers and foreign national employees.

Question 5: How should HR and global mobility teams prepare for the proposed deference changes?

Response: DHS estimates that the current deference policy applies to more than 208,000 petitions annually and projects approximately 6,000 additional Requests for Evidence each year if the proposed rule is implemented. Employers should begin identifying extension petitions that will need to be filed within the next 12 months and allow additional preparation time to address potential USCIS scrutiny. HR and global mobility teams should carefully compare upcoming petitions with previous filings, including job duties, compensation, worksite locations, and corporate structures, to identify any inconsistencies. Premium Processing may also become an important consideration for employers seeking to avoid work authorization disruptions caused by prolonged adjudications. The proposed rule remains open for public comment through November 13, 2026.

Question 6: What is the latest update on TPS for Ukraine and Sudan?

Response: Temporary Protected Status for Ukraine and Sudan was scheduled to expire on October 19, 2026, but DHS has not yet published a formal termination or extension notice. On October 18 and 19, a DHS spokesperson indicated that announcements regarding both countries would be made “at the appropriate time” and that affected individuals would retain TPS protections, including work authorization, until those announcements are issued. This creates uncertainty for employers managing TPS-based work authorization, as the designations may qualify for an automatic six-month extension under existing statutory provisions, but DHS has not yet confirmed the applicable expiration dates or issued updated employment authorization guidance for I-9 compliance. Employers should continue monitoring USCIS and DHS announcements and coordinate with immigration counsel before making Form I-9 reverification decisions for affected employees.

About the Authors

Kimberley Best Robidoux is a Partner in WR Immigration’s San Diego office with 25+ years of experience advising employers and individuals on business immigration, immigration compliance, and I-9 and E-Verify matters. She currently serves as the Chair of the American Immigration Lawyers Association’s Verification and Documentation Committee and has been recognized by The Best Lawyers in America®, Super Lawyers®, Who’s Who Legal: Corporate Immigration, Lawdragon and other leading publications.

Miki Kawashima Matrician is Co-Managing Partner of WR Immigration’s Boston office, where she advises employers on business immigration, corporate immigration policies, compliance, and risk management. She teaches Business Immigration Law at Boston University School of Law and is recognized by Chambers®, Super Lawyers®, and Best Lawyers® for her immigration expertise. She co-hosts WR Immigration’s monthly Chatting with Charlie Visa Bulletin Reactions and quarterly webinars alongside Charlie Oppenheim.