In its final days, the Biden administration has announced a final rule making permanent the automatic extension of up to 540 days for certain renewal applicants with expiring Employment Authorization Documents (EADs).
The extension announced by the Department of Homeland Security applies to eligible noncitizens who file a timely request to renew their work authorization via Form I-765, Application for Employment Authorization.
USCIS called this “the latest step by the Biden-Harris Administration to keep eligible work-authorized individuals in the workforce, supporting our local economies, businesses, and communities.”
The final rule will become effective on Jan 13, 2025, just one week before the new Donald Trump administration takes over, making its fate uncertain.
“Since January 2021, the American economy has created more than 16 million jobs, and the Department of Homeland Security is committed to helping businesses fill them,” said Secretary of Homeland Security Alejandro N. Mayorkas.
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“Increasing the automatic extension period for certain employment authorization documents 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 new rule will apply to eligible applicants with timely filed renewal applications pending or filed on or after May 4, 2022.
This final rule comes after two temporary rules with the goal of preventing eligible EAD applicants from experiencing a lapse in employment authorization due to lengthy US Citizenship and Immigration Services processing times.
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The final rule will support US employers, foster economic growth, and improve access to employment authorization documents (EAD) for eligible individuals, USCIS said.
USCIS said over the past several years, it has significantly reduced processing times for EAD applications as part of its ongoing efforts to help support the US economy, its employers, and those who Congress has made eligible to work in the US.
This final rule continues these efforts by reducing the likelihood that lapses in employment authorization for eligible noncitizens will occur, while USCIS adjudicates their EAD renewal requests and better ensure continuity of operations for US employers.
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The need is clear, as USCIS received and processed a record number of EAD applications this year, the immigration agency said. This final rule, it said aligns with USCIS’ ongoing efforts to support eligible individuals’ ability to work and contribute to the US economy.