Immigrants With Expiring or Expired Work Permits Get Extension from U.S. Citizenship & Immigration Services (USCIS)
By Flaviano Graciano / New Mexico Immigrant Law Center Communications Manager
Effective May 4, 2022, USCIS is increasing the extension period for Employment Authorization Documents (EADs) from 180 to 540 days from the expiration date stated on their EADs. The Temporary Final Rule applies to eligible renewal applicants with pending applications for employment authorization (I-765), including applicants whose EAD may have expired following the 180-day extension period. The extension also applies to eligible applicants who file an I-765 during the 540-day period beginning on or after May 4, 2022 and ending October 26, 2023. USCIS says the temporary final rule amends existing Department of Homeland Security (DHS) regulations in order to shorten processing times and help prevent immigrants from experiencing unemployment due to lack of authorization or documentation tied to long backlogs and processing times.
“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,” said USCIS Director Ur M. Jaddou in a press release.
Applicants can file applications to renew their EADs up to six months before their EAD expires. As long as USCIS receives the renewal application before their current EAD expires, many work permits are automatically extended for 180 days past their expiration date. The federal government created this rule to help ensure that a person’s work permit would not lapse while waiting for their new work permit, even with government delays. USCIS used to meet their 3-months internal processing goals for the most part, however, in the years leading up to 2019, USCIS began accruing backlogs in adjudications across several other form types.
Given increasing government delays, the 180-day extension was often insufficient, with many applicants’ extended work permits expiring before their renewal application was approved. This temporary extension increase is intended to help reduce the 1.5 million work permit application backlog that is leaving thousands of immigrants who are eligible for work permits unable to work legally in the country - a situation that is also contributing to nation-wide labor shortages.
Monica Newcomer Miller, Supervising Attorney at the New Mexico Immigrant Law Center says many of her clients have been negatively affected by the delayed processing at USCIS. She thinks this is a great first step, but that more needs to be done if the backlog is to seriously decrease.
“This automatic extension will be invaluable to clients who have been forced out of their jobs and places of employment due to the outrageous delays in the adjudication of their cases and work permits,” Newcomer Miller said. “However, there is more needed at USCIS to address the need for timely processing of clients' applications.”
According to USCIS, this extension will immediately help about 87,000 immigrants whose EADs have expired or are set to expire in the next month. One of these immigrants is Sandra (pseudonym), one of Newcomer Miller’s clients. Sandra lost her job the Friday before the USCIS announcement of the extension due to expiration of her EAD. Her termination made it difficult for her to pay her rent and other monthly expenses. Sandra’s daughter is currently attending college in Albuquerque and has been working to pay for her education. She worried about losing her employment as well, since her EAD is about to expire and has also been waiting for her EAD renewal for more than a year.
“I am so happy to be able to work again,” Sandra said. “These federal agencies need to be more conscious about our need to work. If we can’t work, we can’t afford to eat. I was so worried when I was terminated because I wasn’t sure how I was going to pay our bills.”
Shalini Thomas, NMILC’s Supervising DOJ Accredited Representative, says that the novelty of this extension increase may mean some employers may not be aware of the change. Thomas says that if someone is eligible to work and their employer doesn't believe they are, then that would be considered a form of employment discrimination.
“Employment discrimination is illegal and applicants facing this type of discrimination should reach out to the DOJ immediately,” Thomas stated.
The following renewal applicants are eligible for an automatic extension:
Asylees and refugees: (a)(3) and (a)(5)
Asylum applicants: (c)(8)
TPS holders: (a)(12)
TPS initial applicants with prima facie case eligible for EAD as “temporary treatment benefit”: (c)(19)
Adjustment of status applicants: (c)(9)
Registry applicants: (c)(16)
Legalization, LIFE Legalization and SAW applicants: (c)(20), (22), and (24)
VAWA self-petitioners: (c)(31)
Withholding of deportation or removal granted: (a)(10)
Applicants for suspension of deportation and cancellation of removal, including NACARA cancellation: (c)(10)
Citizen of Micronesia, Marshall Islands or Palau: (a)(8)
N-8 and N-9 nonimmigrants: (a)(7)
USCIS estimates that as many as 420,000 immigrants renewing work permits will be protected from losing their ability to work during the lifetime of the temporary extension increase.
Flaviano Graciano is the Communications Manager for the New Mexico Immigrant Law Center.
Posted May 6, 2022 by Flaviano Graciano, Communications Manager