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The Biden administration has stated that certain types of immigrants, notably those pursuing green cards and spouses of H-1B visa holders who obtain employment authorization cards (EAD), will have their expired work permits automatically extended for a year and a half. Thousands of Indian immigrants are expected to benefit from the move, which was announced by the Department of Homeland Security on Tuesday.
The 180-day extension period will be automatically extended to 540 days from the present EADs’ expiration date, according to the Department of Homeland Security.
“This temporary rule will allow those non-citizens who would otherwise be eligible for the automatic extension to keep their jobs and support their families while avoiding further inconvenience for US employers,” he said.
Non-citizens with a pending EAD renewal application whose 180-day automatic extension has expired and whose EAD has expired will be granted an additional period of employment authorization and EAD validity beginning May 4, 2022, and lasting up to 540 days from the EAD’s expiration date, according to USCIS. If they are still inside the 540-day automatic extension period and otherwise eligible, they may return to work.
Non-citizens with a pending renewal application who are still protected by the 180-day automatic extension will be allowed an extra 360-day extension, for a total of 540 days beyond the existing EAD’s expiration date.
Noncitizens with a pending renewal application and a valid EAD on May 4, 2022, or who timely file an EAD renewal application before October 27, 2023, will be allowed an automatic 540-day extension if their EAD expires before the renewal application is approved.
“The measure would directly benefit around 87,000 immigrants whose work permit has expired or will expire within the next 30 days. During the policy’s lifespan, the government expects up to 4,20,000 immigrants renewing work permits to be protected from losing their right to work.” According to Indian-American community leader Ajay Jain Bhutoria,
The strategy is intended to alleviate the nation’s legal immigration agency’s historic backlog of 1.5 million work permit applications, which has left tens of thousands without legal jobs and exacerbated labour shortages.
Bhutoria said the policy change is good news for employers because most businesses are having trouble filling positions and will now be able to keep their qualified workers.
“Employers and qualifying immigrants can now work on expired documents for up to 540 days instead of 180 days, thanks to this regulation adjustment. As of Wednesday, even those who have been out of work for more than 180 days can get up to a year’s worth of work authorization “He expressed himself.
“This is an important step toward reducing the visa processing backlog,” he said.
