President Joe Biden’s administration has implemented significant measures to protect migrant workers by extending the validity of work permits in the US.
This decision seeks to provide stability to thousands of individuals while they process their renewals, allowing them to keep their jobs.
Our immigration lawyers in New Jersey are here to help you understand these measures and guide you through the entire process so you can make the most of these opportunities.
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How does renewal and extension of employment authorization validity in the US work?
Work permit renewal and extension in the US now have stronger measures in place to protect migrant workers from processing delays.
Starting January 13, 2025, employment authorizations renewed on time will have an automatic extension of validity of up to 540 days.
This is a permanent change implemented by the Biden administration to avoid massive work disruptions as USCIS addresses its backlog.
However, not everyone is eligible. Students on an F-1 visa who have a pending OPT STEM application are not eligible. Additionally, DACA recipients and late renewal applications are also not covered.
Who qualifies for extension of the validity of work permits?
The extension of the validity of work permits benefits:
- Applicants for Temporary Protected Status (TPS) .
- Immigrants under asylum or refuge in the US.
- People with pending asylum applications.
- Individuals who are in the process of applying for a Green Card.
These groups qualify for an automatic extension of up to 540 days if they apply for renewal of their permit on time.
Recommendations for asylum seekers or asylees
Nicaraguans applying for asylum must indicate on Form I-765 that their category corresponds to C-08. If the application is made on paper, this information must be included in the section “Information about the eligibility category.”
In the case of asylees, it is necessary to have a pending case. This means that if a deportation order was issued by the Immigration Court, there must be a pending appeal order.
Under this regulation, it is clarified that the extension of the validity of the EAD is not something new. However, it is now recommended to submit the renewal application at least six months before the expiration date of the work permit.
To find out the exact expiration date of your EAD and to check if the automatic extension applies, you can consult the automatic extension eligibility calculator.
Why is this decision made?
The decision to automatically extend employment authorizations for certain categories of immigrants is part of the US government’s efforts to minimize disruptions in the hiring of authorized immigrants.
With a record number of work permit applications this year, DHS is looking to cut red tape that burdens employers and ensure that hundreds of thousands of people can continue to contribute to our communities.
The move is also a response to earlier criticism of the Trump administration’s automatic extension of work permits.
This extension protects immigrants from possible loss of employment and access to driver’s licenses.
How much money will this extension save?
According to USCIS, the automatic extension of employment authorization will result in significant savings for both workers and employers.
For example, this policy is estimated to protect $10 billion in otherwise lost revenue, generate $1.1 billion in federal taxes, and save up to $3.5 billion for approximately 39,000 employers by avoiding disruptions to their business operations.
Without an automatic extension of up to 540 days, USCIS estimates that between 306,000 and 468,000 work permit renewal applicants would have experienced a break in their employment authorization between July 2023 and March 2026.
