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US Immigration Dept. Increases Automatic Extension
to 540 days Period of Work Permits

Los Angeles, May 04, 2022
NRIpress.club/Ramesh/ A.Gary Singh

U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for employment authorization and Employment Authorization Documents (EADs), available to certain EAD renewal applicants, to up to 540 days.

The change will immediately help about 87,000 immigrants whose work authorisation has lapsed or is set to in the next 30 days.

  • Overall, the government estimates that as many as 4,20,000 immigrants renewing work permits will be protected from losing their ability to work for the duration of the policy

Form I-765 renewal application pending during the 18-month period after publication of the TFR while USCIS continues to work through pending caseloads that were exacerbated by the COVID-19 pandemic.

This timeframe will allow USCIS an opportunity to address staffing shortages, implement additional efficiencies, and meet Director Jaddou’s recently announced goal of achieving a three-month cycle time for EAD applications (generally comparable to a median three-month processing time) by the end of FY23.
Beginning Oct. 27, 2023, automatic extensions of employment authorization and EAD validity will revert to the up to 180-day period for those eligible applicants who timely file Form I-765 renewal applications.
USCIS Director Ur M. Jaddou said:

  • As USCIS works to address pending EAD caseloads, the agency has determined that the current 180-day automatic extension for employment authorization is currently insufficient
  • This temporary rule will provide those noncitizens otherwise eligible for the automatic extension an opportunity to maintain employment and provide critical support for their families, while avoiding further disruption for U.S. employers
  • The COVID-19 pandemic exacerbated these challenges in 2020, in addition to a hiring freeze and furlough threat leading to workforce attrition and severely reduced capacity.
  • In 2021, before USCIS could recover from these fiscal and operational impacts, there was a sudden and dramatic increase in EAD initial and renewal filings, as explained in detail in the TFR.

An automatic extension of expiring work permits for certain categories of immigrants, including those seeking green cards and spouses of H-1B visa holders who get employment authorisation cards (EAD),

The policy is meant to address the unprecedented backlog of 1.5 million work permit applications at the nation's legal immigration agency, leaving tens of thousands unable to work legally and exacerbating labour shortages