On March 29, 2024, concerned Members of the U.S. Senate and House of Representatives urged the Department of Homeland Security (DHS) to swiftly promulgate a rule that would lengthen the automatic extension period for Employment Authorization Documents (EADs or “work permits”) from 180 days to a minimum of 540 days. See Letter here.
A promulgation of a rule that would lengthen the automatic extension period of EAD from 180 days to a minimum of 540 days could help prevent the impending loss of employment authorization for hundreds of thousands of immigrants as a result of ongoing delays at the USCIS in the following ways:
1. By increasing the automatic extension period to a minimum of 540, individuals who are waiting for their EAD renewal or adjustment of status applications to be processed would have a longer period of authorized work. This would provide them with stability and continuity, allowing them to remain employed and support themselves and their families during the processing period.
2. USCIS has been experiencing significant delays in processing various immigration applications, including EAD renewals and adjustment of status applications. These delays often result in individuals losing their employment authorization before their applications are approved, leaving them without a legal basis to work. By extending the automatic extension period, immigrants would have additional time to continue working while USCIS addresses the backlog and reduces processing times.
3. The impending loss of employment authorization for hundreds of thousands of immigrants can have significant economic repercussions. Many immigrants play vital roles in various sectors of the economy, and their contributions are essential for businesses and communities. By extending the automatic extension period, the rule would help prevent disruptions in employment, allowing immigrants to continue working and contributing to the economy without interruption.
4. The current delays and uncertainties in the USCIS processing system not only impact immigrants but also create administrative burdens for employers who rely on immigrant workers. Lengthening the automatic extension period would provide employers with more stability in their workforce planning, reducing the need to navigate the complexities of hiring and training new employees due to work authorization gaps.
Overall, the promulgation of a rule that extends the automatic extension period of EADs to a minimum of 540 days would address the challenges faced by immigrants and employers due to ongoing delays at USCIS. It would help prevent the impending loss of employment authorization, provide stability to immigrants, mitigate economic disruptions, and reduce administrative burdens for both immigrants and employers.