The Department of Homeland Security (DHS) of the United States announced on October 29 that during the renewal process for work permit holders, the validity of their work permits will no longer be automatically extended. This new rule will come into effect on October 30.
Non-U.S. citizens or non-permanent residents (green card holders) who are legally working in the United States need to be authorized. The Employment Authorization Document (EAD), commonly known as a work permit, is issued by the United States Citizenship and Immigration Services (USCIS), a sub-agency of the DHS. Under the current rules, during the processing of a work permit renewal application, the existing work permit is automatically extended until the renewal application is approved or denied. Under the new rule, the existing work permit will not be automatically extended while awaiting renewal approval. Once expired, the individual will lose work authorization and will have to wait for the renewal application to be approved before they can continue working.
In a statement, USCIS stated that this new rule aims to prioritize background checks on applicants before granting them work permit renewals. The statement mentioned, “Terminating the automatic extension of work permits will subject applicants to more frequent scrutiny, which will better prevent fraud and uncover potential threats, allowing for the timely removal of such individuals from the country.”
Joseph Edlow, the Director of USCIS, stated in the release that “USCIS is reemphasizing strict scrutiny and review of foreign nationals, undoing the previous administration’s policies that prioritized the convenience of foreigners over the security and protection of Americans.”
Edlow further commented, “This is a common-sense measure to ensure appropriate scrutiny before extending work authorization for foreign nationals. All foreign nationals must remember: working in the United States is a privilege, not a right.”
The new rule was implemented through an Interim Final Rule process. DHS will publish the new rule in the Federal Register on October 30, and it will take effect immediately. Work permits for individuals with legal protections or Temporary Protected Status (TPS) are not affected by this new rule. Employment authorization that has already been automatically extended before October 30 is also not impacted.
According to U.S. congressional documents, the use of Interim Final Rules by the federal government to establish or modify regulations and interpret laws is a common and expedited practice. While it has legal effect, it can also be challenged in legal proceedings.
USCIS recommends that foreign nationals apply for work permit renewals in advance, with the earliest application submission being 180 days before the work permit expires. USCIS advises that the later the renewal application is submitted, the more likely it is to encounter scenarios where the work permit is temporarily invalid.
According to USCIS data for the second quarter of this year (April 1 to June 30), out of work permit renewal cases, 335,000 were approved, 151,000 were denied, and 800,000 are pending. During the same period, USCIS approved 604,000 new work permit applications, denied 110,000 new applications, and has 990,000 new applications awaiting processing. Looking at both new and renewal work permits, USCIS approved 940,000 permits and denied 260,000 applications in the second quarter of this year, with 1.8 million applications still pending review.