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Pingree, King, Mills Lead Push to Extend Immigrant, Asylum Seeker Work Permits as Backlog Threatens Jobs

Congresswoman Chellie Pingree, Senator Angus King, and Governor Janet Mills are leading a push to codify the temporary rule granting a 540-day automatic extension to expiring work authorizations for immigrants and asylum seekers. This comes as U.S. Citizenship and Immigration Services (USCIS) continues to work through an extensive backlog in work permit processing, putting hundreds of thousands at risk of losing their ability to work and support themselves.

In a letter to Homeland Security Secretary Alejandro Mayorkas and USCIS Director Ur Jaddou, Pingree, King, and Mills said the Employment Authorization Documents (EADs) are not only a lifeline for immigrants, asylum seekers, and their families; they also provide critical relief to employers amid nationwide staffing shortages. 

“[EADs] allow immigrants and asylum seekers to provide for themselves and their loved ones and integrate into their new communities while navigating the adjudication process,” they wrote. “They also provide critical relief to employers. Our state of Maine, for example, has nearly two jobs open for every job seeker. Every willing and able worker makes a difference in our communities, especially in essential but understaffed sectors like health care.”

As of this fall, 900,000 people are waiting for their initial EAD application to be processed, while an additional 500,000 are seeking renewals. 

“To that end, we urge you to expeditiously codify the automatic extension of EADs for up to 540 days, currently authorized under Temporary Rule 89 FR 24628. This temporary rule has been critically important to ensure that immigrants and asylum seekers do not have their employment lapse through no fault of their own while USCIS works through the current backlog of EAD applications,” they said.

The letter is available online here and copied below. 

Pingree has long pushed to expedite work authorizations and is author of the bipartisan Asylum Seeker Work Authorization Act. Her bill would reduce the current 180-day waiting period for work authorization eligibility to 30 days, allowing an asylum seeker to apply for authorization as soon as the asylum claim is filed. The legislation would also eliminate the 2-year renewal schedule, which places unnecessary bureaucratic burdens on USCIS and creates significant, costly delays for immigrants. The bill makes no changes to law or regulation relating to the asylum process but would have a significant impact on new asylum seekers in Maine—allowing them to gain work more quickly, become self-sufficient through the process of establishing roots in their new community, and contribute to our economy. The bill is endorsed by the U.S. Chamber of Commerce and dozens of national and state immigration groups. 

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Dear Secretary Mayorkas and Director Jaddou,

We write to underscore the importance of addressing the backlog in work-permit processing by permanently extending the duration of work authorizations for immigrants and asylum seekers. We appreciate the Biden administration’s longstanding commitment to improving processing times, and believe that this measure will provide needed relief for workers, employers, and communities.

Employment Authorization Documents (EADs) are a lifeline. They allow immigrants and asylum seekers to provide for themselves and their loved ones and integrate into their new communities while navigating the adjudication process. They also provide critical relief to employers. The state of Maine, for example, has nearly two jobs open for every job seeker. Every willing and able worker makes a difference in our communities, especially in essential but understaffed sectors like health care.

As of this fall, 900,000 people are waiting for their initial EAD application to be processed, while an additional 500,000 are seeking renewals. These asylum seekers and their families have been subject to a significant backlog causing delays, leaving them unable to work and support their families financially. While we appreciate the efforts USCIS has made to resolve this issue, such as using supplemental funding appropriated by Congress to alleviate staffing shortages and investing in improved technology, more relief is needed.

To that end, we urge you to expeditiously codify the automatic extension of EADs for up to 540 days, currently authorized under Temporary Rule 89 FR 24628. This temporary rule has been critically important to ensure that immigrants and asylum seekers do not have their employment lapse through no fault of their own while USCIS works through the current backlog of EAD applications. 

Thank you for your attention to this matter. Please do not hesitate to reach out should you have any questions.

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