U.S. Citizenship and Immigration Services (USCIS) has announced an important update for immigrant workers in the U.S. On May 3, 2022, the agency confirmed a temporary rule allowing some immigrants to continue using their expired work permits for an extra 18 months. This change aims to support hundreds of thousands of immigrants waiting for work permit renewals and provide relief for employers facing labor shortages.
Why This Change is Happening
The extension is part of a larger plan to address the massive backlog of work permit applications, which has been a challenge for years. Currently, U.S. Citizenship and Immigration Services (USCIS) is managing a backlog of 1.5 million work permit applications. To help ease this issue, the new Temporary Final Rule will take effect on May 4, 2022.
How the Rule Works
Work permits (also called Employment Authorization Documents or EADs) are typically valid for two years. Before this rule, immigrants waiting for a renewal could get an automatic extension of 180 days, allowing them to work legally during the processing period.
The new rule increases this automatic extension by an additional 360 days, bringing the total extension period to 540 days. This gives applicants more time to work without interruptions while USCIS catches up with its workload.
Official Statement
USCIS Director Ur Jaddou acknowledged the urgency of the issue, calling the previous 180-day extension “clearly insufficient.” In a statement, she emphasized:
“This temporary rule will give noncitizens who qualify for automatic extensions the chance to stay employed and continue supporting their families. It will also help U.S. employers avoid further disruptions in their workforce.”
The temporary rule is set to last 18 months, ending on October 27, 2023. After that, the extension period will return to 180 days unless further changes are made.
Why This Matters
As of February 2022, the backlog for all types of immigration applications had ballooned to 9.5 million, up from 5.7 million in 2019. This delay has affected immigrants and their families across the country, as well as employers relying on skilled workers.
What USCIS is Doing to Fix Delays
To tackle these issues, USCIS recently introduced new measures:
- Faster Processing: The agency is expanding premium processing options for more forms, allowing applicants to pay extra for quicker decisions.
- Clearer Goals: USCIS is setting specific targets to reduce wait times and make the application process smoother.
These updates aim to make the immigration system more efficient and ensure immigrants can contribute to the U.S. economy without unnecessary delays.
The temporary 18-month work permit extension offers much-needed relief to immigrants and employers alike. It reflects the government’s effort to address the growing backlog and improve its services.
Details of Eligibility
Who Qualifies for the Extended Validity?
The recent updates to the Employment Authorization Document (EAD) policy have extended the validity period of EADs to five years for specific immigrant categories. This change primarily benefits:
- Refugees: Individuals granted refugee status are now eligible for a five-year EAD.
- Asylees: Those who have been granted asylum can also receive a five-year EAD.
- Applicants for Asylum: Individuals who have filed for asylum or withholding of removal and are waiting for their applications to be processed.
- Adjustment of Status Applicants: Those applying for adjustment of status under INA 245, including individuals seeking suspension of deportation or cancellation of removal.
Specific Immigrant Categories or Visa Types Affected
The extended validity period applies to various categories, including:
- Refugees and asylees.
- Individuals with Temporary Protected Status (TPS).
- Certain nonimmigrants who are eligible for work authorization based on their immigration status.
Application Process for New Work Permits Under This Policy
- Complete Form I-765: Applicants must file Form I-765 (Application for Employment Authorization) to apply for a new EAD or renew an existing one.
- Submit Required Documentation: Include proof of eligibility, such as your refugee or asylee status documentation, and any other supporting documents required by USCIS.
- Pay Applicable Fees: Ensure that you include the correct filing fee unless exempted.
- Await Processing: After submission, applicants will receive a receipt notice from USCIS and should monitor their application status online.
Implications for Employers
Employer Responsibilities and Considerations
Employers must be aware of the implications of the new EAD policy, including:
- Verification of Work Authorization: Employers should ensure they verify the employment authorization of their employees with valid EADs, especially as the validity period extends to five years.
- Compliance with I-9 Requirements: Employers must continue to comply with Form I-9 requirements, ensuring that they properly document employees’ work authorization.
How It Impacts Hiring and Retention of Immigrant Workers
The extended validity period simplifies the hiring process for employers seeking skilled workers, as they can rely on longer-term employment authorization without frequent renewals. This stability can enhance employee retention, allowing businesses to invest in training and development without the constant concern of work permit expirations.
Insights for Immigrant Workers
Steps to Ensure Compliance with the Extended Work Permit Validity
- Understand Your Status: Know your eligibility category and ensure you maintain your status throughout your employment.
- Keep Documentation Updated: Maintain accurate records of your EAD and any supporting documents related to your immigration status.
Documents Required to Apply or Renew Work Permits Under the Extension
- Form I-765: Complete this application form accurately.
- Proof of Eligibility: Provide documentation that demonstrates eligibility based on your immigration category (e.g., asylum approval letter, refugee status).
- Identification Documents: Include copies of government-issued identification, such as a passport or driver’s license.
- Recent Photos: Submit passport-style photographs as specified in the application instructions.
Common Questions and Answers
Can This Extension Be Applied Retroactively?
No, the extension cannot be applied retroactively; it only applies to new applications filed after the policy change took effect.
What Happens If Your Work Permit Expires Before Renewal?
If your work permit expires before you receive a renewal decision, you may be eligible for an automatic extension depending on your eligibility category. However, it is crucial to file your renewal application before the expiration date.
Does the Extension Affect Other Immigration Benefits?
The extension primarily impacts work authorization through EADs but does not directly affect other immigration benefits or processes. Applicants should continue to follow all requirements related to their specific immigration status.
For personalized help navigating these changes, contact Law and Visas, where immigration experts are ready to assist you with your application and ensure your rights are protected.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the US straightforward and successful. Whether you’re applying for a Green Card, Visitor Visa, or Study Visa, we handle every step from preparing your application to gathering the required documents.
Our immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need in the US. Call us today at +234 812 5505 986 to learn how we can assist you.
