Washington DC: The U.S. Citizenship and Immigration Services (USCIS) recently announced a temporary final rule (TFR) that builds on substantial modernization efforts focused on simplifying the eligibility process for immigrants seeking work permits. This temporary final rule extends the automatic 180-day period for certain employment authorization documents (EADs) to 540 days. The TFR, which was announced Thursday, will provide already work-authorized noncitizens a shield from expiration of their employment authorization while awaiting adjustment of EAD renewal applications from USCIS. It also ensures continuity of operations for US employers
It is the latest step by the Biden administration to bring work-authorized individuals into the workforce, supporting the economies where they live.
The historic announcement, specifically benefiting South Asian immigrants, follows a recommendation made by Ajay Bhutoria, an advisor to President Biden on the White House Asian American and Native Hawaiian Pacific Islander (AANHPI) Commission.
Bhutoria's tireless advocacy efforts are aimed at continued immigration reform and reduction of the green card backlog, which has benefited more than 1 million South Asians.
Specifically, a pilot program to enable H1B visa domestic renewal stamping within the United States was initiated by the State Department due to their previous recommendations to the White House AANHPI Commission.
The USCIS announcement is a testament to the impact of community advocacy and collaborative efforts in shaping policies that directly impact immigrant communities.
“Over the past year, the USCIS task force reduced processing times for most EAD categories, supporting the overall goal of improving access to work for eligible individuals. However, we also received a record number of employment authorization applications, impacting our renewal mechanisms,” said USCIS Director Ur M Jaddo, according to an official press release.
“Temporarily extending the existing automatic extension to 540 days will avoid defaults in employment authorizations. Additionally, this rule provides DHS an additional window to consider long-term solutions by soliciting public comments, and identifying new strategies to ensure that noncitizens eligible for employment authorization receive that benefit. Can maintain.
Asylum seekers and foreign nationals applying for permanent residence will be the two main beneficiary categories of the change.
According to a USCIS spokesperson, 800,000 immigrants were at risk of losing their jobs, and their work permits overall, if the new regulation was not implemented.
The move will also be beneficial to USCIS, which has been actively restoring its processing capacity after the Trump administration shifted the agency's focus away from processing applications, which hindered its ability to make decisions quickly.
This is the second time the Biden administration has announced an extension of 540 days. According to The Hill, on October 27, 2023, the initially announced extension into 2022 expired, and the automatic extension went back to 180 days.
The new extension will apply to all immigrant categories that were covered in 2022.