The U.S. Citizenship and Immigration Services (USCIS) recently made a significant announcement that is crucial for small business owners to understand. The agency has temporarily increased the automatic extension period of expiring work permits for thousands of renewal applicants. Small business owners must be aware of the details and the potential impact on their business. Continue reading to learn more.
Extending Work Permit Validity
The temporary final rule published in the Federal Register on April 8, 2024, states the validity of employment authorization documents (EADs) will be extended from 180 days to 540 days from the EAD’s stated expiration date. U.S. employers must ensure all employees, regardless of citizenship or national origin, are authorized to work in the United States. Having an EAD is one way to prove that an individual is authorized to work in the U.S. for a specific period of time.
This extension applies to eligible EAD renewal applicants who have properly filed renewal applications on or after October 27, 2023, as long as these applications remain pending on April 8, 2024, and the applicant’s current EAD or 180-day auto-extension period has not expired. In addition, eligible EAD renewal applicants who file their Form I-765 renewal application between April 8, 2024, and September 30, 2025, will also benefit from this extension.
Impact On Work-Authorized Individuals And Employers
This measure aims to prevent work-authorized individuals from experiencing a lapse in their employment authorization while waiting for USCIS to resolve pending EAD renewal applications. USCIS Director Ur Jaddou emphasized the importance of this temporary rule in ensuring continued work access for eligible individuals, acknowledging the impact of the record number of employment authorization applications on renewal mechanisms.
Business Implications
Small business owners should consider the potential impact of this announcement on their operations. The temporary extension will provide relief to work-authorized individuals, preventing disruptions in their employment due to processing delays. Furthermore, approximately 60,000 to 80,000 employers would have been negatively impacted if not for this extended validity period, highlighting the significant impact on businesses.
Future Considerations
The USCIS has also sought public comments on whether to permanently implement the maximum 540-day auto-extension or consider alternative solutions for eligible EAD renewal applicants. Small business owners should monitor these developments as they can have long-term implications for their workforce and operations.
Biden Administration’s Prior Actions
This is the second time the Biden administration has announced a 540-day EAD extension, reflecting the ongoing efforts to address processing delays and support work-authorized individuals. In addition, the USCIS’s shift to granting five-year EADs to eligible workers since September 2023 may mitigate future challenges related to expiring work authorization.
Addressing Regulatory Changes With A PEO
As small businesses adapt to the recent USCIS announcement regarding work permit extensions, the role of a professional employer organization (PEO) can step in to help. PEOs offer tailored solutions to navigate the intricacies of immigration compliance and workforce management. A partnership with GMS, a certified PEO (CPEO), allows businesses to confidently address the complexities of employment authorization, ensure adherence to regulatory changes, and optimize their operational efficiencies. With GMS’ support, businesses can proactively address the implications of the USCIS announcement, enabling them to focus on driving growth and innovation while entrusting immigration-related matters to seasoned professionals. Interested in learning more? Contact us today.