The US Department of Homeland Security (DHS) announced a final rule of permanently increasing the automatic extension period of employment authorisation and employment authorisation documentation from up to 180 days to up to 540 days for eligible noncitizens who file a timely request to renew their work authorisation. 

The move aims to prevent work interruptions due to processing delays. Spouses of H-1B visa holders (H-4 visa) seeking green cards and spouses of L-1 visa holders (L-2 visa) are eligible for work permits.

“This final rule continues these efforts by reducing the likelihood that lapses in employment authorization for eligible noncitizens will occur, while US Citizenship and Immigration Services adjudicates their Employment Authorisation Document (EAD) requests and better ensure continuity of operations for US employers,” said DHS.

“Since January 2021, the American economy has created more than 16 million jobs, and the Department of Homeland Security is committed to helping businesses fill them,” said Secretary of Homeland Security Alejandro N Mayorkas.

“Increasing the automatic extension period for certain employment authorisation documents will help eliminate red tape that burdens employers, ensure hundreds of thousands of individuals eligible for employment can continue to contribute to our communities, and further strengthen our nation’s robust economy.”

The final rule will become effective on January 13, 2025, and will apply to eligible applicants including refugee, asylee, spouses of certain H-1B visa holders (H-4 visa) and spouses of L-1 visa holders with timely filed renewal EAD applications pending or filed on or after May 4, 2022. 

Moreover, United States Citizenship and Immigration Services has taken several steps to reduce overall EAD processing times.

-Reduced half the median EAD processing times for individuals with pending applications for adjustment of status from fiscal year 2021 to date

- Engaged with communities to educate work-eligible individuals and provide on-the-ground intake support for applicants

- Reduced EAD application processing times for asylum applicants and certain parolees to less than or equal to a 30-day median

- Extending the EAD validity period for certain categories of applicants from two years to five years

- Streamlined the processing of refugee EAD applications and

expanded online filing of EAD applications to asylum applicants and parolees.

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