Many immigrants can now work legally in the U.S. for longer periods thanks to this new rule
One of the most sought-after immigration documents in the United States is the Employment Authorization Document (EAD), popularly known as a work permit, allowing non citizens to show prospective employers that they are allowed to work in the country for a specific time.
Work permits can be renewed after expiration, but chronic delays in immigration processes, exacerbated by the COVID-19 pandemic, created a problem for hundreds of thousands of applicants and their employers as their work suddenly was disrupted because the permit’s renewal did not arrive on time.
On Tuesday, the U.S. Citizenship and Immigration Services (USCIS) announced that immigrant workers, under certain categories, whose employment permits expire, will be able to continue working legally for 18 months after expiration.
The temporary rule, effective immediately on Wednesday, May 4, “will help avoid gaps in employment for noncitizens with pending EAD renewal applications and stabilize the continuity of operations for U.S. employers,” the agency said in press release.
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Currently, USCIS grants a 180-day automatic extension to workers with an expired EAD who apply for a renewal with Form I-765, Application for Employment Authorization.
But that reprieve has been insufficient as the immigration agency faces a backlog of roughly 1.5 million employment authorization applications, which has left tens of thousands of people without the ability to work legally in times of labor shortages.
“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 statement.
Green cards are only available to immigrants who fall under one of these categories
Which immigrants qualify for work permit extension
According to the American Immigration Lawyers Association (AILA), the automatic increase from 180 days to up to 540 days will be granted to “eligible renewal applicants with pending Forms I-765 as 5/4/22, including those applicants whose employment authorization may have lapsed following the initial 180-day extension period, and any eligible applicant who files a renewal Form I-765 during the 540-day period beginning on or after 5/4/22, and ending 10/26/23.”
USCIS noted that, among others, the following employment eligible categories are eligible for an automatic extension:
▪ Refugee
▪ Asylee
▪ N-8 or N-9
▪ Citizen of Micronesia, Marshall Islands, or Palau
▪ Withholding of Deportation or Removal Granted
▪ Temporary Protected Status (TPS) Granted
▪ Spouse of principal E nonimmigrant with an unexpired I-94 showing E nonimmigrant status
▪ Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 nonimmigrant status
▪ Asylum Application Pending
▪ Pending Adjustment of Status under Section 245 of the Act
▪ Suspension of Deportation Applicants
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▪ Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status
▪ VAWA Self-Petitioners
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How to apply for a work permit in the U.S.
To request an EAD, foreign nationals must file Form I-765, Application for Employment Authorization.
▪ Applicants have to complete all sections on the form, including reasons for applying and personal information.
▪ Send with the application the correct filing fee or free waiver as applicable. The current fee for Form I-765 remains at $410.
▪ Include supporting documentation for initial evidence (it varies depending on the eligibility category). All documents have to be translated into English and certified.
If granted, EAD allows noncitizens to work for any U.S employer or engage in self-employment.
“The automatic extension generally will end upon notification of a final decision on the renewal application or the end of the up to 540-day period (meaning, up to 540 days after the expiration date on the applicant’s facially expired EAD), whichever comes earlier,” USCIS stated.
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