The US Citizenship and Immigration Services (USCIS) recently announced a temporary final rule (TFR), which builds on significant modernisation efforts aimed at streamlining immigrants' eligibility for work permits.

The extension of the automatic 180-day period for certain employment authorization documents (EADs) to 540 days was announced in the TFR. This decision follows upgrades implemented over the past 12 months, which have significantly reduced EAD processing times.

The temporary measure announced aims to prevent work-authorized noncitizens from experiencing lapses in their employment authorisation and documentation while awaiting USCIS adjudication of their pending EAD renewal applications. It also seeks to ensure continuity of operations for US employers.

This marks the latest initiative by the Biden Administration to integrate work-authorized individuals into the workforce, thereby bolstering the economies of their respective regions.

The significant announcement, particularly advantageous for South Asian immigrants, follows a recommendation put forth by Ajay Bhutoria, Advisor to President Biden on the White House Asian American and Native Hawaiian Pacific Islander (AANHPI) Commission.

Bhutoria's persistent advocacy efforts have consistently focused on immigration reforms and the reduction of the green card backlog, benefiting over 1 million South Asians.

Notably, his prior recommendations to the White House AANHPI Commission led to the establishment of a pilot program by the State Department, facilitating domestic renewal stamping for H1B visas within the USA.

The USCIS announcement highlights community advocacy's impact on immigrant policies. Director Ur M Jaddou noted reduced processing times for most EAD categories but acknowledged challenges due to increased application volumes. To prevent authorization lapses, the automatic extension will be extended to 540 days, allowing DHS to seek public input and find long-term solutions.

The change primarily benefits asylum seekers and foreign nationals applying for permanent residency. A USCIS spokesperson stated that without the new regulation, up to 800,000 immigrants were at risk of losing jobs and their work permits. Restoring processing capacity is advantageous to USCIS, which faced disruptions during the Trump administration.

This marks the second time the Biden administration has extended the period to 540 days. The initial extension, declared in 2022, ended on October 27, 2023, reverting automatic extensions back to 180 days. The new extension applies to all immigrant categories covered in 2022.

Image source: The Print