DHS Final Rule Extends Work Authorization for Eligible Noncitizens, Boosting Economic Growth

The Department of Homeland Security (DHS) has announced a final rule aimed at supporting U.S. employers, fostering economic growth, and improving access to employment authorization documents (EAD) for eligible noncitizens. This rule, which takes effect on January 13, 2025, permanently extends the automatic renewal period of work authorization and associated documentation from 180 days to 540 days for eligible individuals who submit timely requests for EAD renewals. This change addresses concerns raised by the business community about the uncertainty caused by delays in processing work authorization renewals.

Over the years, U.S. Citizenship and Immigration Services (USCIS), a branch of DHS, has made strides in reducing processing times for EAD applications. This new rule is another step in ensuring that eligible noncitizens avoid employment disruptions while their EAD renewal requests are under review. According to DHS, the record number of EAD applications submitted and processed this year highlights the necessity of this update. Secretary of Homeland Security Alejandro N. Mayorkas emphasized the rule’s importance, stating, “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.” He added, “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.”

USCIS Director Ur M. Jaddou echoed these sentiments, highlighting the agency’s dedication to removing unnecessary hurdles within the immigration system. “This final rule will help U.S. employers better retain their workers and help prevent workers with timely-filed EAD renewal applications from experiencing lapses in their employment authorization and employment authorization documentation through no fault of their own,” she said.

The rule applies to eligible applicants with renewal EAD applications filed on or after May 4, 2022, and aligns with USCIS’s broader mission to support eligible individuals’ employment opportunities and their contributions to the U.S. economy. DHS notes that this measure is part of the Biden-Harris Administration’s broader efforts to bolster the workforce and sustain economic growth.

USCIS has also implemented various other measures to streamline the EAD process and reduce barriers to employment authorization. These efforts include:

• Reducing the median EAD processing times for individuals with pending adjustment of status applications by 50% since fiscal year 2021.
• Offering education and intake support to communities and work-eligible individuals.
• Decreasing EAD processing times for asylum applicants and certain parolees to a 30-day median.
• Extending the validity period for certain EAD categories from two years to five years.
• Simplifying the processing of refugee EAD applications.
• Expanding online EAD application filing to asylum applicants and parolees.

These changes reflect a broader commitment to minimizing bureaucratic hurdles while enhancing economic stability. The DHS and USCIS emphasize the critical role noncitizens play in the U.S. economy and the need to ensure their continued ability to contribute meaningfully.

By addressing systemic inefficiencies, such as employment authorization lapses, the DHS aims to provide greater certainty for employers and employees alike. As Secretary Mayorkas noted, “These changes strengthen our economy by supporting businesses and communities across the nation.” The new rule not only provides reassurance for eligible noncitizens but also underscores the administration’s dedication to creating a more efficient immigration system.

DHS officials stress that the final rule complements broader efforts to reduce processing delays and streamline operations, ensuring continuity for employers and eligible employees. As part of its ongoing mission, USCIS remains focused on creating a more transparent and equitable immigration system that benefits both individuals and the broader economy.