USCIS Extends Work Permit Validity to 540 Days

The U.S. Citizenship and Immigration Services (USCIS) has great news for foreign workers with expiring work permits! They just announced a temporary rule that extends the automatic renewal period for certain Employment Authorization Documents (EADs) from 180 days to a whopping 540 days (that’s 1.5 years!).

This initiative aims to prevent lapses in employment authorization while USCIS processes pending EAD renewal applications, benefiting both noncitizens and U.S. employers.

Extended Work Permit Validity

Under the new rule, eligible applicants with pending EAD renewal applications filed on or after Oct. 27, 2023, will now enjoy an extended automatic extension period of up to 540 days.

This extension ensures continuity of operations for employers and helps maintain employment authorization for noncitizens awaiting adjudication of their renewal applications.

What This Means for You!

This means if you’re a non-citizen with a work permit and have applied for renewal on time, you can continue working legally for up to an additional 1.5 years even if your current EAD expires. This prevents any gaps in your employment authorization while USCIS processes your renewal application.

Why is USCIS Doing This?

USCIS is taking this step because they’ve seen a surge in EAD applications, even though they’ve been working hard to speed up processing times. This extension will help ensure a smooth transition for both workers and employers.

Must Read: 4 Major Updates from USCIS: What You Need to Know

Who is Eligible?

This temporary rule applies to:

• Non-citizens who already have a work permit and filed a renewal application on or after October 27, 2023 (as long as the application is still pending).
• Non-citizens who file a new EAD renewal application within 540 days of the rule’s official publication date (which is expected to be around April 8th, 2024).

Impact and Benefits

The extension will benefit nearly 800,000 EAD renewal applicants, including those eligible for employment authorization as asylees, Temporary Protected Status (TPS) applicants or recipients, and green card applicants.

Without this measure, these individuals would risk experiencing a lapse in their employment authorization, impacting approximately 60,000 to 80,000 employers.

What if My Application Isn’t Covered?

USCIS is still working on long-term solutions and wants to hear from you! They’re encouraging everyone to submit feedback on this temporary rule. You can find more information and how to submit your comments on the USCIS website [Automatic Employment Authorization Document (EAD) Extension].

Conclusion

The extension of work permit validity to 540 days represents a significant step towards streamlining employment authorization processes and supporting work-authorized individuals in contributing to the U.S. workforce.

With this temporary measure in place, USCIS aims to mitigate disruptions to employment authorization while continuing to explore long-term solutions.