The US Citizenship and Immigration Services (USCIS) has extended the automatic renewal period for certain Employment Authorization Documents (EADs) from 180 days to up to 540 days. This means that eligible nonimmigrants can continue working legally for a longer period while their EAD renewal applications are being processed.
The rule, effective from April 8, 2024, will stay in force until September 20, 2027, with certain revisions applicable until January 2025, according to USCIS.
The proposed regulation, officially titled Modifying Accreditation Regulations Governing Nonimmigrant Workers [1615-AC88], recently outlined changes in the employment authorisation rules for noncitizens.
The proposed changes:
– Update employment rules for dependent spouses of certain nonimmigrants.
– Increase flexibility for nonimmigrant workers who resign or are terminated.
– Provide flexibility for religious workers at the end of their stay.
– Address workers waiting for immigrant visas to become available.
What is an Employment Authorization Document (EAD)?
An Employment Authorization Document, commonly known as an EAD, allows noncitizens in the US to legally work for a specified time. USCIS issues EADs to various categories of immigrants, such as asylum seekers, individuals with temporary protected status, and dependent spouses of visa holders.
Why is this extension important?
Without the automatic extension, many noncitizens risk losing their legal ability to work while awaiting EAD renewals. According to USCIS, “Approximately 60,000 to 80,000 employers across the US would have been negatively impacted as a result of the lapse.”
USCIS Director Ur M Jaddou had earlier stressed the importance of this measure, saying, “Temporarily lengthening the existing automatic extension up to 540 days will avoid lapses in employment authorizations.”
This extension aims to prevent noncitizens with valid work permits from experiencing gaps in employment while their EAD renewal applications are being processed. It is part of USCIS’s broader effort to support noncitizens’ employment by reducing work authorisation barriers.
What happens after the 540-day extension?
After the 540-day automatic extension expires, individuals who have not yet received their renewed EADs will lose their legal right to work. Employers will be obligated to terminate their employment, as they will no longer have valid work authorisation, according to USCIS. It is important for those affected to track their renewal applications and take timely action to avoid issues before the 540-day period ends.
For those whose extensions are nearing expiration, USCIS recommends submitting renewal applications early. In cases of delays, seeking assistance through official USCIS channels or consulting an immigration lawyer may help expedite the process.
What about those applying for a green card?
The situation differs slightly for individuals waiting for permanent residency (green cards). Many rely on EADs while their green card applications are processed, particularly through employment-based or family-based routes. In some cases, individuals can obtain additional extensions or alternate work authorisation, such as an Advance Parole document combined with an EAD (commonly known as a combo card). This allows continued work while the green card process moves forward.
Although green card backlogs persist, those affected may still have to rely on EAD renewals. In such a situation, it is best to consult an immigration attorney.
What is Form I-765?
Form I-765, or the Application for Employment Authorization, is used by foreign nationals to apply for legal work authorisation in the US If you plan on working while waiting for your green card approval, you must file this form.
Filing fees for Form I-765
The filing fee for Form I-765 is $520 (approximately Rs 43,662)
Some applicants need to pay an additional $85 biometrics fee, bringing the total cost to $750 (approximately Rs 63,000)
Who pays the biometrics fee?
The following categories must pay the additional fee:
* Deferred Action for Childhood Arrivals (DACA)
* Principal beneficiaries of approved employment-based immigrant petitions facing compelling circumstances
* Spouses or unmarried children of principal beneficiaries of approved employment-based immigrant petitions
Who is exempt from the filing fee?
Some applicants are exempt from paying the filing fee. USCIS provides a full list in the instructions for Form I-765.
Fee waivers
If you are unable to afford the filing fee, you can request a fee waiver by submitting Form I-912 with your I-765 and supporting documentation. If approved, both the filing fee and the biometrics fee will be waived, meaning you won’t have to pay anything.
Work permit eligibility
To get a work permit, you need to file Form I-765. You do not need an EAD if you already have a green card or if your visa, such as an H-1B, authorises you to work. However, if you are waiting for a green card or asylum approval, or if your visa allows you to work but requires an EAD first, you may be eligible to apply.
USCIS has confirmed that if you are eligible for a family-based green card, you can also apply for a work permit as long as your green card application is pending.
First Published: Sep 10 2024 | 10:30 AM IST
