US tightens migrant rules, ends automatic work permit renewals

The US Department of Homeland Security (DHS) announced that it will no longer automatically renew work permits for a sizable number of non-citizens as part of a significant clampdown on migrant work authorisation in the United States.

Effective October 30, a new interim final regulation will eliminate automatic extensions for anyone who possesses or applies to renew Employment Authorisation Documents (EADs) while their renewal is being processed. As a result, employees awaiting the renewal of their EADs would no longer be permitted to work when their current permits expire.

Under the previous policy, non-citizens in specific categories who timely applied for renewal were permitted to stay on the job for a maximum of 540 days while their application was being considered.

The change, according to the DHS, is intended to improve ‘robust alien screening and vetting,’ make sure that work rights are only granted following a thorough review, and put an end to practices that it claims put convenience ahead of national security.

The action is a component of a larger change in the stance of immigration enforcement. The new restriction, according to officials, is intended to close what they believe to be a window of possible fraud or risk that the automatic extensions have permitted.

According to

USCIS

Director Joseph Edlow, US Citizenship and Immigration Services (USCIS) is putting a renewed emphasis on ‘robust alien screening and vetting’, eliminating policies the previous administration implemented that “prioritised aliens’ convenience over Americans’ safety and security," reported the Financial Express.

Asylum seekers, refugees, green card applicants, and spouses ofH-1B, E, and L visa holders are among the many immigrants affected by the change. Long wait times for green cards are predicted to have the greatest impact on Indian workers, who comprise a significant share of the US expatriate labour.

Specific categories of Temporary Protected Status (TPS) will not be impacted by the regulation; for instance, EADs that have been officially extended by law or an official Federal Register notice will not be impacted.

The DHS is recommending that those who are impacted submit renewal applications as early as 180 days before expiration in order to reduce the possibility of their work eligibility being interrupted.

“Working in theUnited States is a privilege, not a right,” said Edlow.

According to Times Now, USCIS receives over 52,000 applications for work permit renewals each month, but processes only a small percentage of them, which causes the backlog to increase. In the absence of the automatic 540-day extension, many foreign workers may experience job disruptions, income loss, and legal status uncertainty.

The new change occurs in the midst of the Trump administration's campaign to combat illegal immigration and a persistent endeavour to guarantee that American workers are given preference for jobs in the country over foreign workers.

Additionally, the change overturns a 2022 Biden-era policy that shielded immigrants from job losses during renewal delays.