A November 5 federal-policy bulletin from the University of Washington highlighted two significant mobility developments: the Department of Labor (DOL) has quietly restarted adjudication of Labor Condition Applications (LCAs) and prevailing-wage requests for H-1B, E-3, and permanent-residence cases despite the ongoing government shutdown, and the Department of Homeland Security (DHS) issued an interim final rule on October 30 eliminating most automatic 180-day extensions of Employment Authorization Documents (EADs).
The DOL move offers relief to employers facing critical start-date delays for foreign talent. Petitions for H-1B extensions, amendments, and changes of employer can once again proceed, though new cap-subject H-1Bs remain on hold pending resolution of litigation over the Trump-era $100,000 filing fee. Companies are urged to re-prioritize near-term start dates and monitor cash-flow impacts if filing fees must eventually be paid retroactively.
![Shutdown or not, DOL resumes H-1B processing as DHS curtails automatic EAD extensions]()
Conversely, the DHS rule tightens work-authorization continuity for many non-immigrant categories, including certain humanitarian applicants. Automatic extensions will now be limited to narrow groups, forcing thousands to time renewals precisely or risk work stoppages. F-1 OPT and STEM-OPT holders are exempt, but L-2, E-2, and TPS beneficiaries could face gaps.
Mobility managers should audit expiration dates, build 180-day renewal calendars, and budget for premium-processing upgrades where available. Failure to maintain timely EADs exposes employers to I-9 liability and potential back-pay claims.
Taken together, the DOL restart and DHS curbs illustrate the contradictory pressures of a prolonged shutdown: agencies seek to keep the economy moving while simultaneously advancing regulatory goals that may complicate workforce planning.
The DOL move offers relief to employers facing critical start-date delays for foreign talent. Petitions for H-1B extensions, amendments, and changes of employer can once again proceed, though new cap-subject H-1Bs remain on hold pending resolution of litigation over the Trump-era $100,000 filing fee. Companies are urged to re-prioritize near-term start dates and monitor cash-flow impacts if filing fees must eventually be paid retroactively.
Conversely, the DHS rule tightens work-authorization continuity for many non-immigrant categories, including certain humanitarian applicants. Automatic extensions will now be limited to narrow groups, forcing thousands to time renewals precisely or risk work stoppages. F-1 OPT and STEM-OPT holders are exempt, but L-2, E-2, and TPS beneficiaries could face gaps.
Mobility managers should audit expiration dates, build 180-day renewal calendars, and budget for premium-processing upgrades where available. Failure to maintain timely EADs exposes employers to I-9 liability and potential back-pay claims.
Taken together, the DOL restart and DHS curbs illustrate the contradictory pressures of a prolonged shutdown: agencies seek to keep the economy moving while simultaneously advancing regulatory goals that may complicate workforce planning.
