DHS ends automatic extension of employment authorization

By Pacific Island Times News Staff

Washington (USCIS)-- The Department of Homeland Security has announced an interim final rule ending the practice of automatically extending employment authorization documents for aliens filing renewal applications in certain employment authorization categories.

With this rule, DHS prioritizes the proper screening and vetting of aliens before extending the validity of their employment authorizations.

Aliens who file to renew their EAD on or after Oct. 30 will no longer receive an automatic extension of their EAD.

There are limited exceptions to this rule, including extensions provided by law or through a Federal Register notice for TPS-related employment documentation. 

Ending automatic extensions of EADs results in more frequent vetting of aliens who apply for employment authorization to work in the United States.

EAD is an authorization status for foreign nationals who are in the U.S. under specific circumstances, such as those with a pending asylum case, certain students (like F-1s with Optional Practical Training), spouses of some visa holders (like H-4 or L-2), and individuals with Temporary Protected Status (TPS). It is obtained by filing Form I-765, Application for Employment Authorization, with USCIS, unless their status already includes unrestricted work authorization

Reviewing an alien’s background more often will enable U.S. Citizenship and Immigration Services to deter fraud and detect aliens with potentially harmful intent so they can be processed 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," he added.

USCIS recommends aliens seek a timely renewal of their EAD by properly filing a renewal application up to 180 days before their EAD expires.

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.

The interim final rule does not affect EADs automatically extended before Oct. 30.

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