Council Comment Supporting the Temporary Increase of the Automatic Extension Period for Certain Renewed Employment Authorization Documents

The American Immigration Council submitted a comment in response to a temporary final rule on the Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Employment Authorization Document (“EAD”) Renewal Applicants on June 7, 2024. The comment offered support for the temporary extension, which would prevent the lapse of employment of approximately 800,000 noncitizens already authorized to work. In addition, the comment provided recommendations related to preventing lapses in employment authorization for renewal applicants in the future.

The Council recommends that USCIS provide a standardized notice demonstrating the automatic EAD extension, create mechanisms to help workers stuck in processing backlogs who do not benefit from this extension, and extend validity periods for asylum application-based EADs throughout the pendency of an application, including during administrative appeals and judicial review.