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Awareness & Prevention

PRAGMATISM guides U.S. Citizenship and Immigration Services’ (USCIS) policy to give an extension to expiring work permits: Can we hope for more?

By June 27, 2022June 30th, 2022No Comments

 

The 540 day temporary extension granted to expiring work permits has given employers hope of retaining some of their work force for now, and given applicants the breather they need, to regularize their status – and stay employed! (See below for information on who will benefit from this rule.) The temporary rule was put in place on May 4, 2022, and is valid through October 15, 2025. The circular reads: “[t]his temporary rule will provide those noncitizens otherwise eligible for the automatic extension an opportunity to maintain employment and provide critical support for their families while avoiding further disruption for U.S. employers.”

COVID-19 lockdowns froze up government processes, and by the time things began to thaw, and a new administration had come into being under President Biden, the USCIS infrastructure had been severely impacted, facing a backlog of 1.5 million work-permit applications. The implications for employers and employees have been grave.

Director of USCIS, Ms Ur Mendoza Jaddou, who is of Mexican and Iraqi descent, appears to be sensitive to the situation. USCIS is pressing for transparency and dialogue with stakeholders, judging by the department’s public announcements and engagement.

Can we hope for greater reliefs?

In this climate of optimism, all 25 members of the President’s Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders (PACAANHPI), voted to forward to the President a slew of recommendations to ease the situation for the PACAANHPI community. They are suggesting the processing of all applications for green cards or permanent residency within six months! Can it happen? The proposal was advocated and moved by community leader Ajay Jain Bhutoria.

We can only say that it is a good time for all South Asians to stay better informed and participate in public discourse!

Who Will Benefit From The Rule? – forbes.com

Three primary groups will benefit from the new USCIS rule.

“1) EAD renewal applicants eligible for the automatic extension who already have filed their renewal Form I-765 application, which remains pending on May 4, 2022, and whose EAD has not expired or whose current up to 180-day auto-extension has not yet lapsed,” notes a policy update from Berry Appleman & Leiden.

“2) New renewal applicants who file Form I-765 during the 18-month period following the rule’s publication to avoid a future gap in employment authorization and/or documentation. [And] 3) Renewal applicants who are already experiencing a gap in employment authorization and/or EAD validity. For these applicants, this TFR [Temporary Final Rule] provides that employment authorization and/or validity of their EADs will resume beginning on the date the rule is published in the Federal Register, May 4, 2022, and continue for a period of up to 540 days from the date their employment authorization and/or EAD expired, as shown on the face of the EAD.”

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