The US Department of Homeland Security (DHS), the federal department responsible for immigration and border control, is permanently eliminating a rule that allowed many immigrants to continue working for up to 540 days after their work permits expired while their renewal applications were being processed. Bloomberg Law reported on the final rule, published this week.

The new decision makes permanent a temporary measure introduced last year that eliminated the automatic 540-day extension for certain categories of foreign workers, which had been introduced during the administration of Joe Biden. The rule takes effect upon publication in the Federal Register, the federal government’s official journal, on October 14.

What exactly does the new rule change?

  • Automatic extensions of work permits while renewal applications are being processed are being eliminated. Workers lose their authorization to work on the day their permits expire, even if they have submitted a renewal application that is still under review.
  • The rule takes effect on October 14, the date of publication in the Federal Register.
  • Foreign workers cannot submit renewal applications earlier than 180 days before their current permits expire.

Why did the extension exist in the first place?

The transition period was introduced to prevent people from losing their jobs because of processing delays at US Citizenship and Immigration Services (USCIS), the agency that decides immigration applications. Under Donald Trump’s administration, the agency has introduced a series of additional obstacles for immigrants seeking to retain or renew their work permits.

Who will be affected by the change?

The rule affects several groups of immigrants who rely on an Employment Authorization Document (EAD), which proves their eligibility to work in the United States. These include asylum seekers and spouses of H-1B visa holders residing in the US under H-4 status. DHS says the shorter deadlines will allow for more frequent reviews of applicants, including more regular updates to eligibility checks and security information.

Backlog in application processing

Despite the change, USCIS continues to face delays in processing applications. According to agency data cited by Bloomberg Law, as of June 30, more than 432,000 work permit renewal applications had been awaiting decisions for six months or longer. Of those, more than 91,000 cases had remained unresolved for over 18 months. Since applications cannot be submitted earlier than 180 days before a permit expires, applicants have very little room to compensate for lengthy processing times on their own.

Legal challenge underway

The measure has already been challenged in court. A group of H-4 visa holders sued DHS in January, arguing that eliminating the longer automatic extension violates the Administrative Procedure Act, the federal law governing how agencies adopt rules. Last month, a federal judge in California issued a limited preliminary injunction preventing the temporary rule from being applied to the plaintiffs in that case. The court found that DHS had failed to follow the required procedures and had not addressed the situation of people who had made plans based on the previous rules.

MORE TOPICS:

WITH ICONS AGAINST OBLIVION: How One Serbian-Swiss Family Brings Orthodox Tradition to the Diaspora and Helps Families in Kosovo!

LOOKING FOR A DENTIST IN BELGRADE? Here’s How International Patients Can Compare Clinics, Prices and Treatment Plans Before Traveling

BALKAN BUSINESS IN THE SPOTLIGHT IN CHICAGO: Senators, governors, consuls, and congressmen backed the union of business people from our region in America!

Source: Chicago glasnik, Foto: Pixabay

Google Add Serbian Times as your Google source