In a move aimed at enhancing accessibility to work permits for eligible noncitizens, the United States Citizenship and Immigration Services (USCIS) has introduced a temporary final rule (TFR). This rule extends the automatic extension period for specific employment authorization documents (EADs) from a maximum of 180 days to up to 540 days. The implementation of this rule comes in the wake of ongoing efforts by the Biden-Harris Administration to facilitate the integration of work-authorized individuals into the U.S. workforce.
Background and Need for Change
Over the past year, USCIS has undertaken significant modernization efforts to streamline processes and reduce processing times for EADs. However, despite these improvements, the agency has faced challenges due to a surge in employment authorization applications. This surge has strained USCIS’s ability to process EAD renewal applications promptly, leading to concerns about lapses in employment authorization for eligible individuals.
Key Changes Introduced
The temporary measure announced by USCIS seeks to address these concerns by extending the automatic extension period for certain EADs to up to 540 days. This extension aims to prevent work-authorized noncitizens from experiencing lapses in their employment authorization while awaiting the adjudication of their pending EAD renewal applications. By providing an extended period of work authorization, this rule aims to ensure continuity of operations for U.S. employers and support the economies in which these individuals reside.
Impact and Eligibility
The temporary final rule applies to eligible applicants who timely and properly filed an EAD renewal application on or after October 27, 2023, if the application is still pending on the date of publication in the Federal Register. Additionally, eligible EAD renewal applicants who timely and properly file their Form I-765 application during a 540-day period beginning with the rule’s publication in the Federal Register will also benefit from the extended automatic extension period.
Potential Consequences of Non-Implementation
Without this temporary measure, nearly 800,000 EAD renewal applicants, including those eligible for employment authorization as asylees or asylum applicants, Temporary Protected Status (TPS) applicants or recipients, and green card applicants, would be at risk of experiencing a lapse in their employment authorization. Moreover, approximately 60,000 to 80,000 employers could be negatively impacted by such lapses.
Public Feedback and Future Regulatory Action
As part of the temporary final rule, USCIS is soliciting feedback from the public to inform potential future regulatory action. This feedback will play a crucial role in shaping USCIS’s strategies to address the challenges associated with employment authorization processing.
Conclusion
The extension of the automatic extension period for certain EADs represents a significant step towards ensuring the uninterrupted employment authorization for eligible noncitizens. By providing a more extended period of work authorization, USCIS aims to alleviate concerns regarding lapses in employment authorization and support the continued participation of work-authorized individuals in the U.S. workforce.
