FMI – The Food Industry Association appreciates the opportunity to comment on the Department of Homeland Security’s (DHS) Removal of the Automatic Extension of Employment Authorization Documents (EAD) interim final rule (IFR) (USCIS-2025-0271). While FMI understands that visa processing backlogs need to be reduced, we are concerned that the bluntness of the EAD IFR’s immediate implementation coupled with other recent DHS visa actions will have negative implications on workforce capacity and operations in the food industry. FMI respectfully requests DHS reconsider the IFR and return to a previous 180-day policy of automatic EAD extensions.
Our industry strives every day to build long-term capacity and resilience in the nation’s food and consumer goods supply chain. A key to supply chain efficiency and the industry’s ability to provide safe, affordable, and accessible food and consumer goods is regulatory certainty and lessening government red tape on businesses. With less than 24 hours’ notice of this policy change that reduced a 540-day automatic extension to zero days, businesses and employees had no ability to plan.
Full Comments
December 1, 2025 The Honorable Kristi Noem Secretary U.S. Department of Homeland Security 2707 Martin Luther King Jr. Ave., SE Washington, D.C. 20528 Submitted via regulations.gov Re: Removal of the Automatic Extension of Employment Authorization Documents; USCIS-2025- 0271 Dear Secretary Noem: FMI – The Food Industry Association appreciates the opportunity to comment on the Department of Homeland Security’s (DHS) Removal of the Automatic Extension of Employment Authorization Documents (EAD) interim final rule (IFR) (USCIS-2025-0271). While FMI understands that visa processing backlogs need to be reduced, we are concerned that the bluntness of the EAD IFR’s immediate implementation coupled with other recent DHS visa actions will have negative implications on workforce capacity and operations in the food industry. FMI respectfully requests DHS reconsider the IFR and return to a previous 180-day policy of automatic EAD extensions. As the food industry association, FMI works with and on behalf of the entire industry to advance a safer, healthier, and more efficient consumer food supply chain. FMI brings together a wide range of members across the value chain – from retailers that sell to consumers, to producers that supply food and other products, as well as a variety of companies providing critical services – to amplify the collective work of the industry. A collective of FMI’s membership manufactures, distributes, and sells the food and consumer goods found in pantries, refrigerators, medicine cabinets, and laundry rooms across the country. Our retail members, which range in size from independent operators to regional and large national and international businesses and brands, operate 45,000 grocery stores and 12,000 supermarket pharmacies. The food industry produces and supplies over 30,000 different food and consumer good products found on store shelves and ultimately touches the lives of more than 100 million U.S. households per week. The EAD IFR was issued on October 29, 2025, and became effective on October 30, 2025. The IFR immediately halted automatic extensions of EADs as of October 30, 2025, if a renewal had not been filed prior to this date. Under the IFR, any individual who had not filed an EAD extension as of October 30, 2025, will have his or her ability to work revoked immediately upon expiration of his or her current EAD. 2 Our industry strives every day to build long-term capacity and resilience in the nation’s food and c onsumer goods supply chain. A key to supply chain efficiency and the industry’s ability to provide safe, afDecfoemrdableber , and 1, 202ac5c essible food and consumer goods is regulatory certainty and lessening government red tape on businesses. With less than 24 hours’ notice of this policy change that reduced a 540-day Thautomatie Honorable c extensiKrion tsti Noeo zero dm ays, businesses and employees had no ability to plan. Secretary U.S. FMI Drespeepartmectfully nt reqof Huestomsel tand hat theSec EADurity I FR be reissued to return to a previous policy of an 180-day automati2707 Martic EAn LDuth exter ensiKinong Jr. A. An ve., 180S-Eda y automatic EAD extension could bridge the backlog gap and proviWashingde bton, usinesseD.C. s w205it2h 8n eeded workforce and operational certainty. The EAD IFR and other recent DHS ac tions pertaining to foreign nationals have led to fewer eligible visa holders available for work in an already Submittedtight via laboregr mulatiarkones.govt. The current unpredictable nature and pace of changes to immigration regulations is impacting businesses across the food industry, from manufacturing to distribution to retail stores.Re: Rem oval of the Automatic Extension of Employment Authorization Documents; USCIS-2025- 0271 FMI member companies have conveyed that the expiration of EADs with no ability to automatically exDear Stendec has tretaryhe Noem:potenti al to significantly disrupt some manufacturing and distribution along the food and consumer supply chains especially if several employees’ current EADs expire at the same time and in the same FMI – geThogrape Food hiIcndu locstratiyon A. ssocFMIiat reion tail apprecmembers iates hatve he exopportupressedni tcyonc to cerns ommthentat t on heirthe ope Dratieponsartme wilnt l be of imHomelpacteand d bySec the uriloss ty’s (ofD HcS)onsum Remerov-al facofin tg he emAplutomoyeaties cin Exte stores andnsion of froEmpntlloyineme emnt plAoyuthees orizain fotion od prepDocumaraenttions (and EADprodu) intericmtion fin faal crulilite ie(IFR) (USs. CIS-2025-0271). While FMI understands that visa processing bac klogs need to be reduced, we are concerned that the bluntness of the EAD IFR’s immediate Witimplhout ementan autation omaticouplc eedxt wensiith on of Eother recADents, e mpDHloS yviers sa acwiltil ons have wilno rel havecourse negatibutve t imo tplermicatiinons ate onan em workplfooyrcee e cimapacimedityatel and y andoper eatind onsan iemn theploy food iee’s endunrollstrmey. Fnt MinI respe benecfits tfulwly hireqch uestwill s also sDHS receverelonsidy imper acthet IbusiFR andnesse rets’ urn to rehia prevring and iousrei 18nstat0-daemy poent licyproc of automatiess. The loss c EAofD exthteseensi exons.peri enc ed employees will add unanticipated costs to the business to recruit, hire, and train others. In addition to workforce capacity and operational cAoncs the erns, food thein vdustolumrye assanocd sciatope ion, ofFM immI workigratis won lith and aw con bhangeehals hf ave fiof the naentncialire ly burdindustenery td o advbusiancnese sesa safer, healbeyothind er, what and wmore as buedgfficetieednt and consumanticer ipfoatedod sufor repplguly chain. atoryF and MI blerigalngs ctogomplether ianca we mattide ersrange . of members across the value chain – from retailers that sell to consumers, to producers that supply food and other produIn conccts, lusion, as wtheell as a var food and ietyc of consumompanier goods es providsupplinyg cchain ritical driservives Aces me–ri to can iampnvestlify tmehe nt, collcreates ective jobworks, and of fuels the indusmalstry.l busi ness entrepreneurship. FMI member companies have utilized the ability to legally hire fo reign nationals for various roles within their business to fill critical workforce needs that have gone Aunm colletec wtiitve h domof FMestI’s icme talenmbt. ershiWe rp espemanufctfulacturly reqes, udieststri tbuthat es, the and Depaselrtmls theent food and return to ca prevonsumious er goo180ds -day automatifound in cpantri EAD es, exterensifrigeonrators, m policy toed addreicine ss wcabineorktsfo, and rce and laundoperatiry rooms onal acconcross terns he busicountry. nesses are Our retfacailin g mebecmbause of ters, whihe ch EArange D IFR. in size from independent operators to regional and large national and in ternational businesses and brands, operate 45,000 grocery stores and 12,000 supermarket pharmacies. SincThe erelfood y, industry produces and supplies over 30,000 different food and consumer good products found on st ore shelves and ultimately touches the lives of more than 100 million U.S. households per week. The EAD IFR was issued on October 29, 2025, and became effective on October 30, 2025. The IFR immediately halted automatic extensions of EADs as of October 30, 2025, if a renewal had not been filed Christine Pollack prior to this date. Under the IFR, any individual who had not filed an EAD extension as of October 30, Vice President, Government Relations 2025, will have his or her ability to work revoked immediately upon expiration of his or her current EAD.
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