DHS issues more flexibilities to ease pandemic-related workforce challenges

Earlier this year, President Joe Biden extended the previous administration’s national emergency declaration regarding COVID-19. In an attempt to ease the pandemic-related effects on employers and employees, the U.S. Department of Homeland Security (DHS) enacted a series of temporary guidance. On May 4, 2022, the U.S. Citizenship and Immigration Services (USCIS) implemented a temporary final rule (TFR) affording certain noncitizens with an automatic extension of their work authorization documents for up to 540 days.

Work permits extended

Before the COVID-19 outbreak, employees who filed a timely application to renew their employment authorization documents (EADs) would receive an automatic extension period of up to 180 days to bridge the gap between the expiration date and the approval of the renewed EAD. Because of the pandemic and existing budgetary constraints, however, the backlog of cases pending before USCIS grew exponentially.

Before the TFR, employers were forced to terminate employees who were unable to produce updated work authorization documents simply because (1) USCIS had yet to adjudicate their renewal application, or (2) the workers had yet to receive their updated documents before the initial 180-day extension period lapsed.

To avoid further disruptions to business operations in the public and private sectors, USCIS has automatically extended an employee’s EAD if: