Homeland Security Removes Automatic Extension of Immigrants’ Work Permits

Last week, the Department of Homeland Security (DHS) ended an automatic grace period for immigrants with pending work permit renewals, a ruling that will push out of the workforce many immigrants stuck in a growing administrative backlog. DHS said it intended to cancel the current 540-day buffer given to refugees, asylees, and spouses of certain other visa holders when they file for an Employment Authorization Document (EAD) renewal, as well as green-card applicants, Newsweek reported.

Immigrants who file to renew their extension of EAD on or after Oct. 30 will no longer receive an automatic extension. Exceptions include extensions for immigrants with employment authorization through Temporary Protected Status (TPS) and extensions provided by statute.

The U.S. Citizenship and Immigration Services (USCIS), the DHS department that administers immigration benefits, recommends immigrants seek a timely renewal of their EAD by properly filing a renewal application up to 180 days before their EAD expires. The longer an immigrant waits to file an EAD renewal application, USCIS said the more likely it is that they may experience a temporary lapse in their employment authorization or documentation.

Bloomberg Law reported USCIS announced the abrupt new ruling amid broader efforts by the Trump administration to limit access to temporary humanitarian benefits, including terminating TPS and parole programs, along with suppressing asylum claims at the border.