The Department of Homeland Security (DHS) has issued a rule extending work authorization for certain immigrants, allowing them to continue working for up to 540 days while awaiting renewal of employment authorization documents instead of the 180 days that were permitted until now.
The rule, which becomes permanent on January 13, builds on temporary extensions introduced in 2022 to address processing delays at U.S. Citizenship and Immigration Services (USCIS) and applies to categories including refugees, asylum seekers, temporary protected status holders, and spouses of work visa holders.
USCIS stated that without this rule and earlier temporary measures, nearly 468,000 individuals would have faced work authorization lapses while awaiting document renewal. Through a statement on the USCIS website, DHS Secretary Alejandro Mayorkas argued that the policy eliminates administrative obstacles, supports employers, and strengthens the economy:
"Since January 2021, the American economy has created more than 16 million jobs, and the Department of Homeland Security is committed to helping businesses fill them. Increasing the automatic extension period for certain employment authorization documents will help eliminate red tape that burdens employers, ensure hundreds of thousands of individuals eligible for employment can continue to contribute to our communities, and further strengthen our nation's robust economy."
The extension period comes amid significant backlogs in immigration paperwork processing, which have persisted despite earlier temporary measures, prompting the need for a more durable solution, as Reuters reports.
The rule has sparked criticism from some quarters. Representative Tom McClintock (R-CA), chair of the House Immigration Subcommittee, linked the measure to declines in real wages for U.S. workers, according to Daily Wire:
"Now we learn that the agency intends to increase temporary work permits from 180 days to 540 days. If anyone wonders why real wages for working families have declined under this administration, look no further than the agency before us today"
The rule, which faced little opposition after it was proposed, could be withdrawn by the incoming administration of Republican President-elect Donald Trump or rejected by Congress when it comes under Republican control next month, according to Reuters, which points to Trump's first term a reference, given that the president-elect took several steps back then to limit work authorization for some immigrants.
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