H-4 EAD lapse check after the Sept. 10 order

The Sept. 10 order gives HR a deadline to inspect, not a company-wide fix. It reaches seven H-4 visa plaintiffs in the U.S. district court for the Central District of California. The rest of the roster still needs a file-by-file check.

Run the check now, because the order makes the renewal filing date the first thing to inspect. The rule it challenges was issued by the Department of Homeland Security on Oct. 30, 2025. The workaround is a filing-date and expiration check.

The order changes the file, not the whole roster

The preliminary injunction was granted to seven H-4 plaintiffs. Its relief is confined to those plaintiffs and does not apply nationwide. That means a company cannot assume every H-4 employee is covered. It can only use the order as a reason to audit the files that may have lost protection.

The challenged rule was issued on Oct. 30, 2025. For H-4 EAD renewals filed on or after that date, work authorization generally is not preserved while the agency reviews the case. The earlier practice was different. Before the 2025 rule, a qualifying timely renewal could extend work authorization for up to 540 days.

The filing-date test separates the exposed files

The test compares the filing date with the card expiration. The filing date decides which rule applies. The expiration date decides whether the employee is still inside the protected period. The outcome is simple: exposed, protected, or unclear.

If the renewal was filed on or after Oct. 30, 2025, treat the card expiration as the end of work authorization. If the card has already expired, the employee may no longer be authorized to work. If the renewal was filed before Oct. 30, 2025, check whether the earlier protection still applies. That earlier protection could have run for up to 540 days.

Do not rely on a pending renewal by itself. A pending case is not a work permit. The card date still controls unless the earlier protection covers the lapse. The filing date matters more than the approval date.

Reverification turns on documents, not assumptions

During the federal Form I-9 reverification, the filing date and supporting documents drive the review. If the card expires before the renewal is approved, the file must show why continued employment is permitted. The employer needs the filing date, the card copy, and the documents that support continued employment. If those documents are missing, the file is not ready for payroll.

Payroll should not keep an employee active on a card that has expired without a prior extension. The same document check applies when the employee is on leave and then returns. The return date does not cure a lapse in work authorization. The file must show the prior extension, or it must show the lapse.

Escalate the exposed files to immigration counsel before the next payroll run. The counsel review should focus on the filing date, the card date, and the documents in the file. If the employee has already stopped working, document the date and the reason. If the employee is still working, the file needs an immediate decision.

Run the checklist before payroll updates the file

The list below is the minimum file check. It separates the files that need immediate action from the files that still have prior protection. Run it for every H-4 employee with an expired or expiring card.

• Open the H-4 EAD renewal file and record the filing date.
• Record the printed expiration date on the current card.
• If the filing date is on or after Oct. 30, 2025, mark the file as exposed once the card has expired.
• If the filing date is before Oct. 30, 2025, check whether the earlier 540-day extension still covers the employee.
• If the card has expired and no prior extension applies, treat the authorization as lapsed.
• Start reverification or prepare leave paperwork.
• Keep the filing date, card copy, and supporting documents in the I-9 file.

The exposed files are the ones where the filing date falls on or after the rule date and the card has passed. The protected files are the ones where the earlier extension may still cover the lapse. If the file is unclear, treat it as exposed until the documents confirm otherwise.