A new rule aims to prevent individuals from being forced to leave their jobs because of long delays in the U. S. Citizenship and Immigration Services (USCIS) processing of employment authorization documents (EADs). The rule is a welcomed temporary fix for those who faced lost employment. What is the Problem USCIS Is Trying to Solve? During testimony on April 6, 2022, before the House Committee on Appropriations, USCIS director Ur Jaddou noted there are 1.5 million pending requests for work permits, reported Suzanne Monyak of Roll Call. As a result, people are losing work authorization—and others saw the prospect of unemployment—at the same time employers around the United States remain desperate to fill jobs. To her credit, note analysts, Jaddou decided to take action in a new temporary final rule to resolve the immediate problem for many applicants by extending work authorization an additional year and a half for those with timely renewal applications. What Does The New Rule Do? According to the USCIS regulation, “This rule temporarily amends existing Department of Homeland Security (DHS) regulations to provide that the automatic extension period applicable to expiring Employment Authorization Documents (Forms I-766 or EADs) for certain renewal applicants who have filed Form I-765, Application for Employment Authorization, will be increased from up to 180 days to up to 540 days from the expiration date stated on their EADs.“This increase will be available to eligible renewal applicants with pending Forms I-765 as of May 4, 2022, 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 May 4, 2022, and ending October 26, 2023.” (Emphasis added.)Who Will Benefit From The Rule? Three primary groups will benefit from the new USIS rule. “1) EAD renewal applicants eligible for the automatic extension who already have filed their renewal Form I-765 application, which remains pending on May 4, 2022, and whose EAD has not expired or whose current up to 180-day auto-extension has not yet lapsed,” notes a policy update from Berry Appleman & Leiden.“2) New renewal applicants who file Form I-765 during the 18-month period following the rule’s publication to avoid a future gap in employment authorization and/or documentation. [And] 3) Renewal applicants who are already experiencing a gap in employment authorization and/or EAD validity. For these applicants, this TFR [Temporary Final Rule] provides that employment authorization and/or validity of their EADs will resume beginning on the date the rule is published in the Federal Register, May 4, 2022, and continue for a period of up to 540 days from the date their employment authorization and/or EAD expired, as shown on the face of the EAD.
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