By: Real America News Updated 03 May 2022, 19: 57 pm EDT
The US Citizenship and Immigration Services (USCIS) extended until 540 days the period of Employment Authorization (EAD, in English), when the permit has expired.
The agency released a Temporary Final Rule (TFR), where it states that immigrants who have an open EAD renewal process may use the document, even if it has expired, while they wait for a response from the agency on their cases.
The decision comes into effect on May 4, 2022 and will apply to 27 October 2023, in order to avoid problems with employers of non-citizens. non-citizens and immigrants and will ensure business continuity for employers.
“This temporary rule will provide non-citizens eligible for the automatic extension the opportunity to maintain employment
and provide critical support to their families, while avoiding additional disruptions for American employers,” said USCIS Director Ur M. Jaddou.
The agency has recognized a historical delay in various problematic requests that increased with the COVID- pandemic, due to in-person work restrictions, but also due to lack of funds.
“As USCIS works to address the backlog of EAD cases, the agency has determined that the automatic extension current 180 days of employment authorization is insufficient at this time”, the official insisted.
The beneficiaries
USCIS emphasizes that beneficiary immigrants are those who are currently eligible for an automatic extension of up to 180 days. In that category would fall:
– Those who timely submit an application to renew their EAD with Form I-765 before the permit expires.
– That the renewal Form I-765 is based on the same category of Authorization of Employment (marked on the permit card) or that will be for a person approved for Temporary Protected Status or TPS.
– The immigrant’s eligibility to apply for the EAD continues despite expiration and is based on an employment authorization category (work visa) that does not require the award of an underlying permit application or petition before the award of the renewal application.
There are other conditions, for example, if an immigrant is in the period of 180 extension days, to which are added 360 days.
To non-citizens with a pending renewal application, whose automatic extension of 180 days already expired will be granted an additional period of up to 540 days, but from of the expiration date of the permit.
It is recommended to consult any doubt with a lawyer, in order to confirm the valid extension of USCIS on work permits.