Citing the need to improve background checks to protect public and national security, U.S. Citizenship and Immigration Services (USCIS) has ended the rule that allowed automatic extensions of the Employment Authorization Document (EAD).
As a result, starting October 30, EADs will no longer have an automatic extension while renewals are being processed, the agency warned.
The rule had been implemented during the administration of President Joe Biden to help individuals with work permits avoid employment issues while their renewal applications or visas were being processed. The decision came in response to USCIS delays.
“USCIS is placing special emphasis on thorough background checks for foreign nationals. Eliminating policies implemented by the previous administration that prioritized the convenience of foreign nationals over the security of Americans,” stated USCIS Director Joseph Edlow. “This is a common-sense measure to ensure proper vetting is completed before extending employment authorization or documentation for a foreign national.”
All foreign nationals must remember that working in the United States is a privilege, not a right.”
With this decision, USCIS advises those who need to renew their work permits to do so 180 days before they expire to avoid cancellation.
“The longer a foreign national waits to file an EAD renewal application, the greater the likelihood that their employment authorization or documentation will be temporarily interrupted,” the agency warned.
USCIS justified the move by stating that automatic extensions of work permits limit background checks for foreign nationals, who will now have to undergo a full vetting process.
“Reviewing foreign nationals’ backgrounds more frequently will allow USCIS to prevent fraud and identify individuals with potentially harmful intentions so they can be processed for deportation from the United States,” the agency added.
What About People with TPS?
The new fiscal and budget law, known as the ‘Great Beautiful Law,’ establishes new criteria for individuals with Temporary Protected Status (TPS), limiting work permits to one year or the duration of their stay in the country.
“There are limited exceptions to this rule, including extensions provided by law or through a Federal Register notice for employment documentation related to TPS,” the agency stated.
Therefore, it is important for each individual to seek advice from a certified attorney to avoid issues with their EAD.
The Three Types of Foreign Workers
The Department of Homeland Security (DHS) explained that there are three types of foreign workers, depending on the visas they are assigned, which also determines the duration of their EAD.
“Authorization to work in the United States depends on the foreign national’s immigration status or other conditions that allow such authorization (for example, having a pending asylum application or a grant of deferred action),” DHS stated.
In this regard, there are three “classes of foreign nationals” who may be eligible to work in the United States.
1. First-class foreign nationals. These are individuals authorized to work in relation to their status for any employer or to be self-employed if they have a specific stay permit, such as having a Green Card. Generally, these individuals must apply for authorization using Form I-765, Application for Employment Authorization.
2. Second-class foreign nationals. This refers to foreign nationals with specific work permits, who must have an Arrival/Departure Record (Form I-94).
3. Third-class foreign nationals. These are individuals who may apply for employment authorization personally, such as spouses of government employees or students.
The new rule on automatic work permit extensions will apply in all cases.
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