DHS Announces New Rule To Allow Noncitizen Workers To Keep Jobs Longer While Awaiting Renewals

Authored by Chase Smith via The Epoch Times,

The Department of Homeland Security this week announced a new rule making it easier and more reliable for certain noncitizen workers to keep their jobs while waiting for their work permit renewals to be processed.

Starting Jan. 13, eligible applicants who file for their employment authorization documents (EADs) on time will automatically have their work authorization extended for up to 540 days, nearly three times longer than the previous 180-day maximum.

The change will retroactively apply to applications filed on or after May 4, 2022, the agency said.

DHS said the need for the rule change is “clear” as the U.S. Citizenship and Immigration Services (USCIS), the agency in charge of processing these requests, “received and processed a record number of EAD applications this year.”

This permanent change is expected to help workers avoid forced job breaks caused by processing delays and give employers more certainty when planning their staffing needs, DHS said in announcing the changes on Dec. 10.

Federal officials say this decision is a direct response to business communities that have called for more efficient ways to keep valued employees on the job.

“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,” Secretary of Homeland Security Alejandro Mayorkas said in a statement.

For many applicants, navigating the work permit renewal process can be challenging, DHS said.

Lengthy waits sometimes force employers to temporarily lose trained staff while applications wind through the system. USCIS has taken steps to reduce wait times to address this, the announcement said.

“USCIS is committed to reducing unnecessary barriers and burdens in the immigration system to support our nation’s economy,” said USCIS Director Ur M. Jaddou.

“This final rule will help U.S. employers better retain their workers and help prevent workers with timely-filed EAD renewal applications from experiencing lapses in their employment authorization and employment authorization documentation through no fault of their own.”

DHS said the new rule will ensure a more stable employment environment for everyone involved.

The move is part of a broader push to streamline the immigration system and bolster the nation’s economy, DHS said.

Other efforts to cut processing times include extending validity periods from two to five years in some cases, improving how refugee permits are handled, and offering easier online filing options, the agency said.