African immigrants in the United States (US) are no doubt in a joyous mood at the moment as an extension period for Employment Authorization Documents (EADs) from 180 days to a maximum of 540 days has been announced.
The United States Citizenship and Immigration Services (USCIS) has made revisions to address delays and guarantee ongoing employment authorization for Nigerians and other foreign individuals, as stated in their official statement.
Meanwhile, the increased extension period will apply to eligible EAD applicants who have properly filed renewal applications on or after Oct. 27, 2023, as long as these applications remain pending on April 8 and the applicant’s current EAD or 180-day auto-extension period has not expired.
The temporary measure will prevent work-authorized individuals from having their employment authorization and documentation expire while waiting for USCIS to adjudicate pending EAD renewal applications, said USCIS Director Ur Jaddou.
“Over the last year, USCIS reduced processing times for most EAD categories, supporting an overall goal to improve work access to eligible individuals,” she said. “However, we also received a record number of employment authorization applications, impacting our renewal mechanisms.”
USCIS Director Ur M. Jaddou emphasized the significance of this scheme in reducing disruptions in employment authorization for non-citizens awaiting the processing of their EAD renewal applications.
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The extended validity period, up to 540 days, provides greater stability for both foreign workers and their employers, promoting workforce continuity.
USCIS As A Target Of Lawsuits
USCIS has faced legal action in the past few years due to delays in processing, resulting in individuals losing their jobs while waiting for EAD renewals.
Former USCIS chief counsel explained that generally, automatic EAD extensions remain valid for a maximum of 180 days after expiration, but USCIS acknowledged that the longer extension is necessary because of application volume and processing times.
According to him, the agency said that without the longer extensions, about 800,000 EAD renewal applicants would be in danger of experiencing a lapse in their employment authorization, and approximately 60,000 to 80,000 employers would be negatively impacted as a result of such an occurrence.
Will The Extension Favor Immigrants?
USCIS Director Ur M. Jaddou emphasized the importance of this initiative in minimizing disruptions in employment authorization for non-citizens awaiting processing of their EAD renewal applications. The extended validity period, up to 540 days, offers greater stability for both foreign workers and their employers, promoting workforce continuity.
This Temporary Final Rule (TFR), enhances USCIS’s continuous initiatives to simplify the process of obtaining work authorization and enhance the availability of job opportunities for individuals authorized to work in the United States.
The extended validity period is also expected to benefit a substantial number of EAD renewal applicants, including asylum seekers and Temporary Protected Status holders. Estimates suggest this policy could positively impact roughly 800,000 individuals and their respective employers.
Which Category Of Immigrants Are Eligible For Work Permit?
Work permits are granted to various categories of immigrants, and those covered under this policy change include green card applicants, the spouses of H-1B recipients, workers granted Temporary Protected Status, and asylum seekers.
However, the rule does not apply to applicants seeking initial approval for work authorization.
Biden Administration And Its Ordeal With Work Permit Extension
This is the second time the Biden administration has announced a 540-day EAD extension. The first extension, announced in 2022, sunset on Oct. 27, 2023, when automatic extensions reverted to 180 days. All categories of foreign national workers covered by the 2022 extension will be covered by the new one, as well.
Some experts believe that the problem of expiring work authorization is unlikely to reoccur because USCIS in September 2023 began granting five-year EADs to eligible workers, rather than the two-year EADs that were standard before, giving the agency more time to prepare for any future waves of renewals.
In the new temporary final rule, the agency is also seeking comments from the public on whether to permanently implement the maximum 540-day auto-extension or whether another solution might be more effective for eligible EAD renewal applicants.
Written by Adeluola Biola
