DHS cements automatic work permit extensions for immigrants

Dec 10 (Reuters) – The Biden administration issued a rule on Tuesday that will allow immigrants whose work authorization has expired to continue working for 18 months while they await renewal, making a temporary change made two years ago permanent.

U.S. Citizenship and Immigration Services, the agency within the Department of Homeland Security which handles immigration paperwork, said the rule, opens new tab was necessary due to steep backlogs in processing applications to renew employment authorization documents, or EADs.

Immigrants applying to renew work permits who normally qualify for an automatic 180-day extension will instead receive a 540-day extension while their applications are pending, the USCIS said.

The rule applies to various classes of immigrants who do not have work visas and require EADs to work legally in the United States, including refugees, asylum recipients and applicants, people granted temporary protected status, and spouses of work visa holders.

Without the rule and two earlier temporary extensions, as many as 468,000 people would have seen their work authorization lapse while awaiting renewal, USCIS said.

Secretary of Homeland Security Alejandro Mayorkas in a statement said the rule “will help eliminate red tape that burdens employers, ensure hundreds of thousands of individuals eligible for employment can continue to contribute to our communities, and further strengthen our nation’s robust economy.”

The rule, which faced little opposition after it was proposed, could be withdrawn by the incoming administration of Republican President-elect Donald Trump or rejected by Congress when it comes under Republican control next month. Trump in his first term took several steps to limit work authorization for some immigrants.

The USCIS had already made the change on a temporary basis in 2022 and renewed it earlier this year. However, a permanent extension was necessary as there was no indication that the agency could ease the backlogs that led it to adopt the temporary rule, the agency said.

The rule takes effect Jan. 13 and will apply to eligible applicants who filed for renewal on or after May 4, 2022.