USCIS Increases Automatic Extension of Certain Employment Authorization Documents to Improve Access to Work Permits

WASHINGTON— Building on extensive modernization efforts that have streamlined and improved access to work permits for eligible noncitizens, USCIS today announced a temporary final rule (TFR) to increase the automatic extension period for certain employment authorization documents (EADs) from up to 180 days to up to 540 days. This announcement follows improvements that have reduced processing times for EADs significantly over the past year.

The temporary measure announced today will prevent already work-authorized noncitizens from having their employment authorization and documentation lapse while waiting for USCIS to adjudicate their pending EAD renewal applications and better ensure continuity of operations for U.S. employers. This is the latest step by the Biden-Harris Administration to get work-authorized individuals into the workforce, supporting the economies where they live.

“Over the last year, the USCIS workforce reduced processing times for most EAD categories, supporting an overall goal to improve work access to eligible individuals.  However, we also received a record number of employment authorization applications, impacting our renewal mechanisms,” said USCIS Director Ur M. Jaddou. “Temporarily lengthening the existing automatic extension up to 540 days will avoid lapses in employment authorizations. At the same time, this rule provides DHS with an additional window to consider long-term solutions by soliciting public comments, and identifying new strategies to ensure those noncitizens eligible for employment authorization can maintain that benefit.”

This TFR aligns with an ongoing effort at USCIS to support employment authorized individuals’ access to work. USCIS has reduced EAD processing times overall and streamlined adjudication processing, including:

  • Reducing by half EAD processing times of individuals with pending green card applications from FY2021 to date,
  • Processing a record number of EAD applications in the past year, outpacing prior years,
  • Engaging with communities to educate work-eligible individuals who were not accessing the process and provide on-the-ground intake support of applications,
  • Reducing processing time for EADs for asylum applicants and certain parolees to less than or equal to 30-day median,
  • Extending EAD validity period for certain categories from 2 years to 5 years,
  • Streamlining the process for refugee EADs, and
  • Expanding online filing for EADs to asylum applications and parolees.

This temporary measure will apply to eligible applicants who timely and properly filed an EAD renewal application on or after Oct. 27, 2023, if the application is still pending on the date of publication in the Federal Register. The temporary final rule will also apply to eligible EAD renewal applicants who timely and properly file their Form I-765 application during a 540-day period that begins with the rule’s publication in the Federal Register.

Absent this measure, nearly 800,000 EAD renewal applicants – including those eligible for employment authorization as asylees or asylum applicants, Temporary Protected Status (TPS) applicants or recipients, and green card applicants – would be in danger of experiencing a lapse in their employment authorization, and approximately 60,000 to 80,000 employers would be negatively impacted as a result of such a lapse. EADs are generally valid for the length of the authorized parole period. This TFR does not extend the length of parole.

Since May 12, 2023 to March 13, 2024, DHS has removed or returned over 617,000 individuals, the vast majority of whom crossed the Southwest Border, including more than 97,000 individual family members. The majority of all individuals encountered at the southwest border over the past three years have been removed, returned, or expelled. Total removals and returns since mid-May exceed removals and returns in every full fiscal year since 2011.

As part of this temporary final rule, USCIS is soliciting feedback from the public that would inform potential future regulatory action. For more information, visit our Automatic Employment Authorization Document Extension page.

For more information about USCIS, please visit uscis.gov or follow us on TwitterInstagramYouTubeFacebook, and LinkedIn.

 

https://www.uscis.gov/newsroom/news-releases/uscis-increases-automatic-extension-of-certain-employmet-authorization-documents-to-improve-access


President Biden Sends Immigration Bill to Congress as Part of His Commitment to Modernize our Immigration System

The U.S. Citizenship Act of 2021 establishes a new system to responsibly manage and secure our border, keep our families and communities safe, and better manage migration across the Hemisphere

The bill allows undocumented individuals to apply for temporary legal status, with the ability to apply for green cards after five years if they pass criminal and national security background checks and pay their taxes. Dreamers, TPS holders, and immigrant farmworkers who meet specific requirements are eligible for green cards immediately under the legislation. After three years, all green card holders who pass additional background checks and demonstrate knowledge of English and U.S. civics can apply to become citizens.


Biden to sign order to modernize the U.S. immigration system on Tuesday

Jan 29 (Reuters) – President Joe Biden plans to sign a directive modernizing the U.S. immigration system on Tuesday, later than previously expected due to delays in confirming a new secretary for the Department of Homeland Security, the White House said on Friday.

Speaking to reporters at a news briefing, White House Press Secretary Jen Psaki also said that nominee Alejandro Mayorkas would head up a task force that seeks to reunite migrant families who were separated at the U.S.-Mexico border by predecessor Donald Trump’s immigration policies.


USCIS to Replace Sticker That Extends Validity of Green Cards

USCIS to Replace Sticker That Extends Validity of Green Cards

Release Date
01/12/2021

Starting in January, we will replace the sticker that is currently issued to lawful permanent residents (LPRs) to extend the validity of their Form I-551, Permanent Resident Card (PRC or “Green Card”), with a revised Form I-797, Notice of Action. LPRs file Form I-90, Application to Replace Permanent Resident Card, when their Green Cards expire or are about to expire. The revised Form I-797 notice will serve as a receipt notice for the Form I-90.

When presented together with the Green Card, the revised Form I-797 notice will extend the Green Card’s validity for 12 months from the date on the front of the Green Card and will serve as temporary proof of the LPR’s status. This change ensures that LPRs with a recently expired Green Card will have documentation of identity, employment authorization, and authorization to return to the United States following temporary foreign travel.

Form I-90 applicants who have not been issued a notice for a biometrics appointment and are in possession of their Green Card, will no longer have to visit an application support center to obtain temporary evidence of LPR status. Applicants who have already been scheduled for a biometrics appointment will not receive a revised notice and will be issued an extension sticker at their biometrics appointment.

Starting in January, applicants who file Form I-90 to replace an expiring Green Card will receive the revised receipt notice in the mail approximately 7-10 days after USCIS accepts their application. This notice will be printed on secure paper and will serve as evidence of identity and employment authorization when presented with an expired Green Card.



USCIS to Implement Filipino World War II Veterans Parole Program

Release Date: May 09, 2016

WASHINGTON—Beginning June 8, 2016, U.S. Citizenship and Immigration Services (USCIS) will allow certain Filipino World War II veteran family members who are beneficiaries of approved family-based immigrant visa petitions an opportunity to receive a discretionary grant of parole on a case-by-case basis, so that they may come to the United States as they wait for their immigrant visa to become available.    

This parole policy was announced in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st Century, issued in July 2015. An estimated 2,000 to 6,000 Filipino-American World War II veterans are living in the United States today. Among other things, this policy will enable many eligible individuals to provide support and care to their aging veteran family members who are U.S. citizens or lawful permanent residents.

“The Filipino World War II Veterans Parole Program honors the thousands of Filipinos who bravely enlisted to fight for the United States during World War II,” USCIS Director León Rodríguez said. “This policy will allow certain Filipino-American family members awaiting immigrant-visa issuance to come to the United States and be with their loved ones. For many, it will also allow them to provide support and care for elderly veterans or their surviving spouses.”

With the exception of immediate relatives of U.S. citizens, the number of family-sponsored immigrant visas available by country of origin in any given year is limited by statute. These limits result in long waiting periods before family members may join petitioning U.S. citizens or permanent residents in the United States and become permanent residents themselves. For some Filipino-American families, this wait can exceed 20 years.

Under the policy, certain family members of Filipino World War II veterans may be eligible to receive a discretionary grant of parole to come to the United States before their visa becomes available. In limited cases, certain eligible relatives will be able to seek parole on their own behalf when their Filipino World War II veteran and his or her spouse are both deceased.

Under the Filipino World War II Veterans Parole Program, USCIS will review each case individually to determine whether authorizing parole is appropriate.  When each individual arrives at a U.S. port of entry, U.S. Customs and Border Protection will also review each case to determine whether to parole the individual.  

Legal authority for this parole policy comes from the Immigration and Nationality Act, which authorizes the Secretary of Homeland Security to parole into the United States certain individuals, on a case-by-case basis, for urgent humanitarian reasons or significant public benefit.

Additional information about the Filipino World War II Veterans Parole Program—including guidance on eligibility, the application process and where to file—is available in the revised Form I-131 instructions and the Federal Register noticepublished today. We will not accept applications under this policy until June 8, 2016.  USCIS strongly encourages eligible individuals interested in requesting parole under the FWVP Program do so within 5 years from June 8, 2016.

For more information about USCIS and its programs, please visit www.uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Facebook(/uscis), and the USCIS blogThe Beacon.


USCIS Completes Data Entry of Fiscal Year 2017 H-1B Cap-Subject Petitions

USCIS announced on May 2, 2016, that it has completed data entry of all fiscal year 2017 H-1B cap-subject petitions selected in our computer-generated random process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS is unable to provide a definite time frame for returning these petitions. USCIS asks petitioners not to inquire about the status of submitted cap-subject petitions until they receive a receipt notice or an unselected petition is returned. USCIS will issue an announcement once all the unselected petitions have been returned.

Additionally, USCIS is transferring some Form I-129 H-1B cap subject petitions from the Vermont Service Center to the California Service Center to balance the distribution of cap cases. If your case is transferred, you will receive notification in the mail. After receiving the notification, please send all future correspondence to the center processing your petition. If you are filing a Form I-907, Request for Premium Processing, to upgrade your Form I-129 H-1B petition to premium processing, send the completed Form I-907 with the appropriate fee to the center processing your petition.


Reminder: You Can Use Credit Cards to Pay Naturalization Application Fees

Reminder: You Can Use Credit Cards to Pay Naturalization Application Fees

As a reminder, if you are applying for U.S. citizenship, you can now use a credit card to pay the Form N-400, Application for Naturalization fee. Most applicants must pay a $680 fee, which includes the $595 naturalization application fee plus a biometrics fee of $85.

To pay with your credit card, you must file a Form G-1450, Authorization for Credit Card Transaction. This enhancement is one of the recommendations made by the White House Task Force on New Americans.

At this time, you can use the Form G-1450 only to pay for the Form N-400 filing fee.

All USCIS forms are free and can be downloaded at uscis.gov/forms. If you need help with applying for U.S. citizenship, use only professionals who are authorized in the United States to provide legal immigration advice. Visit our Finding Legal Services page to find authorized legal services, and visit our Avoid Scams page to learn how to recognize and avoid immigration scams.


Visa Bulletin For November 2015


DHS to Create Filipino WWII Veterans Parole Program

DHS to Create Filipino WWII Veterans Parole Program

The Department of Homeland Security (DHS) is creating a parole program to allow certain family members of Filipino and Filipino-American World War II veterans to receive parole to come to the United States.  This parole program was announced in November 2014 by President Obama and Secretary Johnson as part of the executive actions on immigration and is detailed in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st century, issued in July 2015.  The program may enable these eligible family members to provide support and care to their aging veteran family members who are U.S. citizens or lawful permanent residents.

Parole, as provided for under the Immigration and Nationality Act, gives DHS discretion, on a case-by-case basis, to permit individuals to come to the United States for a temporary period of time based upon urgent humanitarian reasons or for significant public benefit. Parole does not give the individual any permanent right to remain in the United States.

USCIS reminds customers that they cannot apply at this time. Any applications received before the program is implemented may be denied. We will inform the public when the application process is in place. Register to receive email updates.

Please remember to be mindful of immigration scams. Visit www.uscis.gov/avoidscams, for tips on filing forms, reporting scams, and finding a licensed attorney or an accredited representative.