In a letter to the Biden administration, a group of Democratic congressional members encourage the immediate extension of the employment authorization grace period for tens of thousands of immigrants. Due to ongoing processing delays, these immigrants may soon lose their employment status.

Employment authorization documents (EADs) are typically valid for 180 days after their expiration date. This grace period allows for potential unexpected delays, so individuals do not risk losing their status. A temporary regulation giving USCIS greater flexibility in processing renewal requests was issued in May 2022. However, it expired on October 26, 2023. Over 66,000 applications for EAD renewal had been pending for over 180 days at the time the temporary regulation was issued.

Current EAD holders who filed EAD renewal requests after October 26, 2023, will lose their work permits on April 24, 2024, if their renewals are still in pending status. The 180-day employment authorization grace period extension helps safeguard these individuals from losing their legal employment status.

DHS is developing a rule to temporarily increase the 180-day automatic extension period. This proposal was submitted for review by the White House on March 1, 2024. However, the Democratic congressional members think the 180-day grace period extension should be put in place permanently. If a permanent final rule isn’t an option, the Democratic Congressional members suggest having a new temporary rule go into effect for a minimum of three years. This would allow USCIS to reduce the backlog. Furthermore, the group advises the administration to skip the typical 90-day review period.

We actively monitor ongoing news that may affect U.S. immigration. If you have questions about employment authorization or any other U.S. immigration issue, please contact us. Our team of experienced attorneys work directly with our clients every step of the way to ensure they remain in compliance.