USCIS Implements Temporary Final Rule Extending Work Permit Validity Period 180 to 540 days

WASHINGTON— On April 4, 2024, the United States Citizenship and Immigration Services (USCIS) unveiled a pivotal measure aimed at fortifying access to employment for eligible noncitizens. In a bid to bolster continuity of operations for U.S. employers and forestall lapses in employment authorization, USCIS announced a temporary final rule (TFR) extending the automatic extension period for specific Employment Authorization Documents (EADs) from up to 180 days to an extended duration of up to 540 days. This monumental stride comes as a culmination of rigorous modernization endeavors undertaken to streamline and enhance access to work permits for eligible individuals.

Purpose and Significance of the Temporary Final Rule:

The paramount objective of this temporary measure is to obviate the jeopardy of work-authorized noncitizens encountering lapses in their employment authorization and documentation while awaiting USCIS adjudication of their pending EAD renewal applications. By prolonging the automatic extension period, USCIS endeavors to furnish reassurance to individuals already authorized to work, safeguarding their employment continuity and ameliorating the operational stability of employers across the United States. Moreover, this initiative aligns seamlessly with the overarching goal of the Biden-Harris Administration to integrate work-authorized individuals into the labor force, thereby invigorating the economies of their respective locales.

Statement by USCIS Director Ur M. Jaddou:

USCIS Director Ur M. Jaddou articulated, “Over the last year, the USCIS workforce reduced processing times for most EAD categories, supporting an overall goal to improve work access to eligible individuals. However, we also received a record number of employment authorization applications, impacting our renewal mechanisms.” Director Jaddou underscored the significance of temporarily extending the automatic extension period to circumvent employment authorization lapses, while concurrently affording the Department of Homeland Security (DHS) an extended timeframe to devise enduring solutions. He accentuated the pivotal role of public input in shaping future regulatory actions, thereby fostering a collaborative and inclusive approach toward bolstering employment authorization mechanisms.

USCIS Efforts and Accomplishments in EAD Processing:

USCIS has embarked on a multifaceted approach to fortify access to work for employment-authorized individuals, epitomized by a constellation of achievements:

• Drastic reduction in EAD processing times for individuals with pending green card applications, culminating in a 50% decrease from FY2021 onwards.
• Processing a record volume of EAD applications over the past year, surpassing previous benchmarks.
• Proactive engagement with communities to disseminate information and provide hands-on support for work-eligible individuals navigating the application process.
• Substantial reduction in processing time for EADs for asylum applicants and certain parolees, with median processing times slashed to 30 days or less.
• Extension of EAD validity period for select categories from 2 years to an extended duration of 5 years.
• Streamlining of the process for refugee EADs, coupled with the expansion of online filing options for EADs about asylum applications and parolees.

Eligibility Criteria and Scope of the Temporary Final Rule:

This temporary measure encompasses individuals who have timely and accurately filed an EAD renewal application on or after October 27, 2023, provided that the application remains pending upon the date of publication in the Federal Register. Furthermore, the TFR extends to eligible EAD renewal applicants who duly file their Form I-765 application within 540 days commencing with the rule’s publication in the Federal Register. The TFR does not augment the length of parole; EADs remain valid for the duration of the authorized parole period.

Impact Mitigation and Implications:

In the absence of this vital measure, nearly 800,000 EAD renewal applicants, encompassing categories such as asylees, asylum applicants, Temporary Protected Status (TPS) applicants or recipients, and green card applicants, would confront the specter of employment authorization lapses. The ramifications would reverberate across approximately 60,000 to 80,000 employers, underscoring the imperative of ensuring uninterrupted employment authorization for eligible individuals. By averting such lapses, USCIS seeks to foster a conducive environment for economic stability and growth, thereby engendering mutual benefits for individuals and employers alike.

Broader Context and DHS Endeavors:

The implementation of this temporary final rule transpires against the backdrop of comprehensive efforts by the Department of Homeland Security (DHS) to address pertinent immigration challenges. Since May 12, 2023, DHS has executed the removal or repatriation of over 617,000 individuals, predominantly comprising individuals apprehended along the Southwest Border. Notably, the vast majority of individuals encountered at the Southwest Border over the past three years have been subject to removal, return, or expulsion. These endeavors underscore DHS's commitment to upholding immigration enforcement while concurrently fostering mechanisms to facilitate legal pathways to employment and residency.

Solicitation of Public Feedback and Future Regulatory Action:

As an integral component of this temporary final rule, USCIS invites public feedback to inform potential future regulatory actions. The incorporation of diverse perspectives and insights from stakeholders and community members is instrumental in crafting robust and inclusive frameworks that cater to the needs of all stakeholders. USCIS remains steadfast in its commitment to transparency, responsiveness, and collaboration as it navigates the dynamic landscape of immigration policy and enforcement.

Conclusion:

The implementation of the temporary final rule heralds a watershed moment in the realm of us immigration policy, underscoring a steadfast commitment to fortifying access to employment for eligible noncitizens while concurrently ensuring operational stability for U.S. employers. By extending the automatic extension period for EADs, USCIS affirms its dedication to fostering an environment conducive to economic prosperity, innovation, and inclusivity. As the nation charts a course toward a more equitable and resilient future, USCIS remains at the vanguard of efforts to facilitate legal pathways to employment and residency, embodying the enduring spirit of inclusivity and opportunity that defines the American ethos.

For additional information regarding USCIS and the temporary final rule, please visit uscis.gov or refer to USCIS's official social media channels.