The U.S. Citizenship and Immigration Services has confirmed that CNMI long‑term residents remain “employment authorized incident to their status,” even if their employment authorization documents have expired, according to a letter sent to Del. Kimberlyn King‑Hinds this week.
But the agency also warned that an expired employment authorization documents “would no longer be a valid document to serve as evidence of the CNMI long‑term resident’s employment authorization,” a distinction that has raised new concerns for workers and employers.
In a May 15 letter, USCIS Director Joseph B. Edlow acknowledged ongoing problems with EAD renewal processing for CNMI long‑term residents, including a high rate of rejected filings. According to the agency, 162 applications were rejected in the first half of fiscal 2026, including 92 for incorrect fees and 39 due to declined payments.
CNMI long‑term residents are individuals who have lived in the islands for many years - often since before federal immigration took effect in 2009 - and who qualified for a special humanitarian status under federal law.
The status allows them to remain in the CNMI indefinitely and authorizes them to work without needing an EAD to grant that authorization. The EAD instead serves as evidence of that authorization, which employers typically rely on during hiring or re‑verification.
King‑Hinds said that distinction is at the heart of the problem.
“While status may continue to carry employment authorization, employers still have legal obligations to confirm employment eligibility, which they may not be able to do with an expired EAD alone,” she said.
USCIS also confirmed that automatic extensions cannot be granted under current regulations, meaning workers with pending renewals do not receive the same temporary protection available to other EAD categories.
King‑Hinds said her office is now seeking further clarification from USCIS on what documentation employers may rely on while renewal applications are pending, delayed, returned, or rejected.
“Residents and employers should keep copies of USCIS correspondence and seek qualified legal guidance before making decisions based on an expired EAD,” she said.
USCIS noted that applicants may request expedited processing and that rejected filings are returned with explanations and instructions for resubmission. The agency also directed residents to its CNMI Long‑Term Resident Status webpage and Form I‑765 filing guidance.
King‑Hinds said she will continue pressing for clearer guidance to prevent unnecessary job interruptions for long‑term residents who have lived and worked in the CNMI for decades.
