Most immigrants whose employment authorization has expired or will expire in the coming months will be able to continue working while the government processes their renewals.
The new policy from U.S. Citizenship and Immigration Services (USCIS) was adopted in response to the massive backlog the agency is facing, which in April exceeded 9 million benefit applications. Some of the beneficiaries would be Temporary Protected Status (TPS) holders and asylum seekers, among others.
«The Temporary Final Rule (TFR) increases the automatic extension period for Employment Authorization Documents (EADs), available to certain EAD renewal applicants, to up to 540 days,» the agency said in a statement. The TFR, which applies only to EAD categories currently eligible for an automatic extension of up to 180 days, will temporarily provide up to an additional 360 days of automatic extension (for a total of up to 540 days) to eligible applicants with a pending Form I-765 renewal application filed on time during the 18-month period following the publication of the TFR while USCIS works with backlogs that increased during the COVID-19 pandemic.
The increase will take effect immediately on May 4, 2022, and will help prevent employment gaps for non-citizens with pending EAD renewal applications. This will stabilize business continuity for U.S. employers, according to USCIS.
It is estimated that up to 420,000 immigrants who renew their work permits will be protected against losing their ability to work for the duration of the policy.
The government said the policy change allows eligible immigrants to work with expired documents for up to 540 days, instead of 180. That means even the tens of thousands of people who have passed their 180-day window have up to another year of work authorization.
However, it makes clear that some immigrants eligible for work permits, including DACA recipients and some spouses of H-1B visa holders, will not benefit from the new policy because they were never eligible for the 180-day extension of their expired authorizations.
Finally, it provides temporary reassurance for workers and employers, as they can continue their work while renewing and awaiting a response to their application.
This news report was compiled using information from USCIS and Univision.