The extension of the automatic extension period is a response to delays faced by US Citizenship and Immigration Services (USCIS) in processing EAD applications.
Factors such as the increase in the number of applications and operational challenges, exacerbated by the Covid-19 pandemic, have led to an increase in processing times. Without this measure, it is estimated that around 800,000 renewal applicants would be at risk of losing their employment authorization and documentation in the coming months.
The temporary final rule states that the automatic extension period will be increased up to 180 days to up to 540 days from the expiration date indicated on the EADs of eligible renewal applicants.
This extension will be available to any renewal applicant with an application submitted on or after October 27, 2023, and pending on or after April 8, 2024, through September 30, 2025.
The measure seeks to provide stability and security for work permit applicants, as well as their families and employers in the United States. It will prevent applicants from facing financial hardship due to job loss and ensure that employers are not burdened by the need to find replacements for workers whose employment authorizations are pending.
What does the extension of the automatic extension of work permits for migrants in the US mean?
In addition to the extension of the automatic extension periodDHS is also seeking public comment on whether the regulations should be revised to permanently extend the automatic extension period to up to 540 days for employment authorization and/or the validity of EADs for eligible renewal applicants.
They are also considering whether other permanent or temporary extension periods should be implemented for some or all applicants covered by the automatic extension provision.
DHS emphasizes that the measure is temporary and that they are working to address operational challenges that have led to delays in processing EAD applications. At the same time, they are seeking public comment to inform possible future changes to immigration and employment regulations.
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