U.S. Citizenship and Immigration Services (USCIS) announced a new rule today that will significantly extend the automatic work permit validity period for certain renewal applicants. This temporary measure aims to prevent gaps in employment authorization for noncitizens while their applications are being processed.
The new rule increases the automatic extension period for certain Employment Authorization Documents (EADs) from 180 days to up to 540 days. This will ensure continued work authorization for eligible immigrants while USCIS addresses a surge in renewal applications.
USCIS Director Ur M. Jaddou explained, “This temporary measure will prevent disruptions in employment for authorized noncitizens and support the stability of U.S. businesses. While we’ve made significant progress in reducing processing times, the record number of applications requires this temporary solution.”
The new rule applies to renewal applications filed on or after October 27, 2023, that are still pending when the rule is published. It also applies to applications properly filed within 540 days of the rule’s publication. This aims to prevent lapses in work authorization for nearly 800,000 renewal applicants, including asylum seekers, TPS holders, and green card applicants. An estimated 60,000 to 80,000 U.S. employers who rely on the authorized workforce are also expected to benefit from this change.
In addition to the extended validity period, USCIS has undertaken several efforts to streamline EAD processing. These include reducing processing times for EADs associated with pending green card applications by half, processing a record number of EAD applications in the past year, and engaging with communities to raise awareness and offer application support. USCIS has also shortened processing time for asylum applicant and parolee EADs to 30 days or less, extended the validity period for certain EAD categories from 2 to 5 years, streamlined the process for refugee EADs, and expanded online filing options for asylum applicant and parolee EADs.
The rule is temporary and allows USCIS to solicit public feedback and develop long-term solutions for employment authorization renewals.
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