Immigration lawyers say CNMI long-term residents remain authorized to work despite EAD issues

Immigration lawyer Janet King says CNMI Long-Term Residents remain authorized to work in the Commonwealth even if their Employment Authorization Documents have expired, though questions remain about what documentation employers may use to satisfy federal employment verification requirements.

King explained that CNMI Long-Term Resident work authorization is "incident to status," meaning the authority to work comes from the status itself rather than from possession of a valid EAD card. She cited Public Law 116-24, which provides that a person granted CNMI Resident status "shall be authorized to work in the Commonwealth incident to status" and shall be issued evidence of work authorization by the Department of Homeland Security.

Immigration attorney Stephen Woodruff said the position outlined by King confirms what he has been telling clients and employers.

"USCIS has just confirmed that long-term resident employment authorization DOES NOT EXPIRE," Woodruff said, adding that workers who remain with the same employer should not face problems simply because their EAD card has expired.

He further argued that "it is actually illegal to terminate or stop a long-term resident from continuing to work on grounds that their EAD has expired," citing federal immigration anti-discrimination provisions.

Another immigration attorney, Bruce Mailman, said the USCIS response largely mirrors guidance already posted by the agency for CNMI Long-Term Residents, though he described the latest explanation as less elegantly worded.

Mailman said the reported application rejections and declined payments primarily involve errors that applicants can correct and resubmit.

He added that CNMI Long-Term Residents who are already employed generally should not have to repeatedly prove their work authorization to the same employer.

"If you are an LTR and employed, you needed to show your EAD for I-9 purposes when originally hired. You do not need to show it again unless and until you are hired somewhere else; so long as you continue in the same employment, you do not need to show evidence again," Mailman said.

However, Mailman noted that lengthy USCIS processing times continue to create problems for workers seeking new employment.

"EADs are being issued way too slowly for all categories. Not so good if you are a CNMI LTR who wants to find a new job," he said.

Workers advocate Malou Berueco said many employers are taking a cautious approach because they remain uncertain about whether employees may continue working while waiting for EAD renewals.

She said employers understand that workers cannot apply for jobs using expired EADs, but the larger question of whether existing employees may continue working remains unresolved. According to Berueco, stakeholders are still waiting for a direct answer from USCIS regarding continuation of employment when an EAD has expired but the worker's CNMI Long-Term Resident status remains valid.

The comments come after Delegate Kimberlyn King-Hinds disclosed in a June 1, 2026, newsletter that U.S. Citizenship and Immigration Services had responded to her inquiries regarding delayed EAD renewals for CNMI Long-Term Residents.

According to King-Hinds, USCIS confirmed that CNMI Long-Term Residents remain employment-authorized incident to status and that renewing an EAD is not required for an individual to remain authorized to work in the CNMI. However, USCIS also advised that an expired EAD is no longer valid evidence of employment authorization and that automatic extensions are not available under current regulations.

King-Hinds said the distinction is significant because employers still have legal obligations to verify employment eligibility. Her office is seeking clarification from USCIS regarding what documents employers may rely on while EAD renewal applications are pending, delayed, returned, or rejected.

USCIS also informed King-Hinds that 162 EAD renewal applications were rejected during the first half of fiscal year 2026, including 92 because of incorrect fees and 39 due to declined payments.

Attorney King said the issue essentially involves two separate questions. The first is whether an individual continues to possess CNMI Long-Term Resident status and the corresponding authorization to work. The second is whether an employer has acceptable documentation to complete Form I-9 employment verification requirements. While the status and work authorization may continue, she noted that an expired EAD can still create practical challenges for employers.

She advised workers not to assume they have lost their status or work authorization simply because an EAD has expired. At the same time, she cautioned that employers may not necessarily be able to rely on an expired EAD alone for I-9 purposes. She encouraged affected residents to retain copies of approval notices, renewal applications, receipt notices, proof of mailing, and all USCIS correspondence.

Woodruff said two Public School System employees he knew had already been called back after previously being let go because of concerns involving expired EADs. He said they may have received their new EADs in the mail.

In the CNMI, C-37 is the federal eligibility category assigned to CNMI Long-Term Resident status. An EAD, or Employment Authorization Document, is the work permit card issued by USCIS as evidence of a person's authorization to work in the United States and its territories.