Senate Joint Resolution 8 and Its Potential Impact on Employers and Employees

Mar 10, 2025

On January 30, 2025, Senator Kennedy introduced Senate Joint Resolution 8, a legislative proposal aimed at rescinding the 540 days of automatic employment authorization currently granted to certain foreign nationals. If passed, this resolution could significantly impact employers and employees alike.

Note this resolution was introduced in the Senate and is in committee, progression of the resolutions may be viewed on Congress.gov. The next steps include committee review, amendments, and votes in both legislative chambers. Since a joint resolution has the force of law, its passage could immediately invalidate the targeted USCIS regulation if it garners enough support, and the President signs off on it. The 540-day auto-extension rule remains in place until all the steps above have taken place. Even if passed, legal challenges or administrative delays might affect how and when any change would take effect. GM will continue to monitor the progress of this resolution.

The Resolution’s Objective

Senate Joint Resolution 8 seeks to eliminate the automatic extension of employment authorization for certain designated foreign nationals. Under the current rules, these EAD holders receive an automatic 540-day extension, allowing them to continue working while their applications are pending. The resolution proposes to eliminate this automatic extension, which may force foreign national employees to cease employment until their renewal applications are approved.

Potential Challenges for Employers

The proposed changes could pose several challenges for employers with foreign national employees with Employment Authorization Documents (EAD) as part of their workforce. One immediate concern is the potential for workforce disruptions. Employers may face gaps in staffing if foreign nationals are unable to work while awaiting the approval of their employment authorization renewals. This could lead to increased operational costs as employers may need to hire temporary workers or redistribute workloads among existing staff.

Additionally, the resolution may increase administrative burdens on employers. Companies would need to closely monitor the status of their employees’ work authorization and potentially navigate complex immigration processes to ensure compliance. This could necessitate additional resources and expertise, particularly for businesses with a significant number of foreign national employees.

Broader Implications for Employers and Workforce

The impact of Senate Joint Resolution 8 extends beyond individual employers. It could influence the broader workforce by affecting the availability of skilled and unskilled labor in certain industries. Sectors with foreign national employees, such as food services, hospitality, retail bakers, agriculture, healthcare, and others, may experience shortages, potentially impacting sales, revenue, and profits.

From an immigration policy perspective, the resolution reflects ongoing debates about the balance between facilitating legal employment for foreign nationals and safeguarding domestic job opportunities.

Employers should be vigilant with regard to their I-9 and E-Verify (where applicable) practices:
Expect an increase in I-9 inspections and E-Verify controls under the present administration.
Reverify employees’ work authorization at the correct time.
Conduct internal audits and seek to correct technical and substantive errors and mistakes on I-9s.
Educate and train HR personnel on I-9 and E-Verify.
Seek competent counsel.

The key to success for employers is prevention and preparation.

Conclusion

If passed, Senate Joint Resolution 8 may have far-reaching implications for employers, and the workforce. As the resolution progresses through the legislative process, employers as stakeholders will need to carefully consider its potential impacts and engage in dialogue to ensure that any changes support both economic growth and the integrity of the immigration system.

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