Employers in the United States may face workforce disruptions starting Oct. 30 as the Department of Homeland Security eliminates automatic extensions of employment authorization documents for foreign workers filing renewals. The change could result in authorization gaps for employees waiting for new permits.
The interim final rule ends a practice that allowed certain categories of foreign workers to continue working while their Employment Authorization Document renewal applications were being processed. Foreign workers who file renewal applications on or after Oct. 30 will no longer receive automatic extensions of their work permits, according to the department.
The change prioritizes increased vetting and screening of foreign workers before extending their employment authorization, the department said.
What employers need to know
U.S. Citizenship and Immigration Services recommends foreign workers file renewal applications up to 180 days before their current employment authorization expires. The agency warns that delayed filings increase the likelihood of temporary lapses in work authorization.
“The longer an alien waits to file an EAD renewal application, the more likely it is that they may experience a temporary lapse in their employment authorization or documentation,” according to the department.
Employment authorization documents that were automatically extended before Oct. 30 are not affected by the new rule.
Limited exceptions remain
The rule includes limited exceptions for extensions provided by law or through a Federal Register notice. Workers with Temporary Protected Status-related employment documentation may still receive automatic extensions under certain circumstances.
Rationale for change
The Department of Homeland Security said more frequent reviews of foreign workers’ backgrounds will help detect fraud and identify individuals with potentially harmful intent for removal from the United States.
“USCIS is placing a renewed emphasis on robust alien screening and vetting, eliminating policies the former administration implemented that prioritized aliens’ convenience ahead of Americans’ safety and security,” said USCIS Director Joseph Edlow. “It’s a commonsense measure to ensure appropriate vetting and screening has been completed before an alien’s employment authorization or documentation is extended. All aliens must remember that working in the United States is a privilege, not a right.”
The rule applies to foreign workers in certain employment authorization categories who are renewing their work permits.
