Press Releases

“USCIS’s own data makes clear that the agency continues to face severe delays in adjudicating EAD renewals. As a result, individuals who have already been deemed legally authorized to work will lose their jobs for no other reason than the government choosing not to process their paperwork in time,” the lawmakers said. “Ending automatic extensions under these conditions is effectively penalizing people for USCIS’s administrative shortcomings.

The lawmakers said the policy shift is both unfair and economically reckless, noting that immigrants with work authorization play critical roles in health care, education, agriculture, and other essential sectors. “Removing the ability from employers to employ those who are work authorized, tax-paying, and essential to our communities drastically undermines our economy and puts unnecessary burden on business owners who are already struggling to make ends meet.”

“This gap ensures that, even when applicants submit renewals at the earliest possible date, their authorization will lapse before a new document can be issued,” the Members wrote. “In practice, this rule guarantees that lawfully employed individuals will be forced out of the workforce through no fault of their own.”

The lawmakers urged USCIS to immediately withdraw the rule or, at minimum, delay implementation until the agency can demonstrate that renewal applications will be processed within a timeframe that prevents lapses in work authorization.

Last year, Pingree and King led a push to codify a temporary rule granting a 540-day automatic extension to expiring work authorizations for immigrants and asylum seekers.  

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Dear Director Edlow,

We write to express deep concern regarding USCIS’s recently announced interim final rule ending the automatic extension of employment authorization documents (EADs) for individuals who have filed timely renewal applications. This change, to be implemented while significant processing backlogs persist, will have devastating consequences for workers, families, and employers across the country.

USCIS’s own data makes clear that the agency continues to face severe delays in adjudicating EAD renewals. As a result, individuals who have already been deemed legally authorized to work will lose their jobs for no other reason than the government choosing not to process their paperwork in time. Ending automatic extensions under these conditions is effectively penalizing people for USCIS’s administrative shortcomings.

Compounding this problem, current regulations only allow applicants to file for a renewal up to 180 days – six months – before their work permit expires. Yet, at the time of the rule’s publication, the agency’s average processing time for many the EAD categories covered by the extension exceeds six and a half months. This gap ensures that, even when applicants submit their renewals at the earliest possible date, their authorization will lapse before a new document can be issued. In practice, this rule guarantees that lawfully employed individuals will be forced out of the workforce through no fault of their own.

 This policy shift is not only unfair, but economically reckless. Employers in practically every sector–from health care and education to agriculture and food services–are all seeking to fill open positions. Removing the ability from employers to employ those who are work authorized, tax-paying, and essential to our communities drastically undermines our economy and puts unnecessary burden on business owners who are already struggling to make ends meet.

 We strongly urge USCIS to withdraw this rule and instead focus on addressing the underlying backlogs that have caused these delays. If the agency proceeds, it must at-minimum delay implementation until it can demonstrate that renewal applications will be processed within a timeframe that prevents lapses in employment authorization. Anything less will cause significant harm to workers, businesses, and the U.S. economy.

 Thank you for your prompt attention to this matter. We look forward to your response outlining the steps USCIS intends to take to ensure that employment-authorized individuals are not stripped of their ability to work due to agency inaction.

Sincerely,