The Department of Homeland Security issued a rule eliminating a grace period for immigrants whose work authorization expires while renewal applications are still pending.
The measure released Tuesday makes permanent an interim final rule DHS issued last year doing away with a 540-day automatic extension period adopted under the Biden administration. The agency said the change, which affects asylum seekers as well as spouses of H-1B specialty occupation workers, would allow for more frequent vetting of applicants.
The extension window was designed to ensure immigrant workers aren’t pushed out of jobs because of processing delays at US Citizenship and Immigration Services. The agency has added a number of hurdles, however, under the Trump administration for immigrants to keep or renew their employment authorization.
As of June 30, more than 432,000 work permit renewal applications were pending at USCIS for six months, including more than 91,000 for more than a year and a half. Foreign workers aren’t eligible to re-up the documents until 180 days before their expiration date.
A group of H-4 visa holders sued DHS in January, arguing the policy change violated the Administrative Procedure Act. A California judge last month enjoined the interim final rule for those plaintiffs, finding it didn’t follow procedural requirements or acknowledge the reliance interests of plaintiffs.
The final rule will take effect when it’s published in the Federal Register Oct. 14.
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