Quick Bytes
- USCIS extends work permit validity for immigrants up to 540 days to address processing delays.
- New rule aims to prevent employment lapses for 800,000 workers amidst labor shortages.
- USCIS has reduced average wait times for new work permits but faces challenges with renewals.
- Public comments on the rule and EAD renewal processing are open until June 7, 2024.
USCIS Rule Extends Work Permit Validity Amidst Processing Backlogs
Immigrant workers and their employers received welcome news as the U.S. Citizenship and Immigration Services (USCIS) announced a temporary rule extending the validity of work permits for up to 540 days. This measure, effective April 8, is designed to counteract the agency’s processing backlogs and prevent employment disruptions for nearly 800,000 workers in the face of the United States’ tight labor market and chronic labor shortages.
Impact on the Economy and Workforce
The rule is expected to preserve significant earnings for immigrants and contribute billions in employment taxes over five years. USCIS has made strides in reducing the processing time for new work permit requests, but renewals remain a challenge, with disparities in processing times between initial and renewal requests.
USCIS’s Ongoing Efforts and Challenges
Despite efforts to address the backlog, including a previous temporary rule and a lawsuit prompting faster processing of initial work permits, USCIS continues to face an increasing volume of EAD requests. Factors contributing to the growth include pending asylum applications, Temporary Protected Status (TPS), and parole. The agency’s resources have also been stretched by processing credible fear claims and TPS applications, leading to longer processing times for renewals.
Looking Ahead
The new rule applies to all renewal EAD requests filed within a specific timeframe and is part of USCIS’s broader strategy to expedite work authorization for eligible immigrants. While Congress has provided some funding for backlog reduction, it falls short of the agency’s request. USCIS is actively seeking public feedback on the rule and general EAD renewal processing, with the possibility of making the rule permanent and exploring other solutions to mitigate risks associated with expiring work authorizations.
For more information and to provide comments on the rule, visit the regulations.gov website.
