When it takes more than a year to review a simple work permit, there are many voices of dissatisfaction with the USCIS’s delayed review. USCIS is evolving, including significantly extending the automatic work permit period for renewal work permit applications. Changes surrounding work permits have been summarized.
-What has changed in relation to the application for renewal of work permit?
USCIS has made it possible to work up to 540 days after the EAD expires. To benefit from this measure, which went into effect on May 4, you must apply for an extension of EAD in the same category as the one in which you originally applied for EAD while your EAD is still valid. If you applied for an extension of your work permit on time, but 180 days have passed since the expiration of the EAD card and the review has not been completed, it is legal from May 4, 2022, until the day 540 days after the expiration of the validity of the EAD card. can do the job This applies to cases of family employment permanent residence applications, refugees, asylum, deportation exemption, and domestic violence victims. The extension of the validity period of the work permit is applied only to cases received by November 23, 2023, as a temporary measure due to the delay in EAD examination. Cases received thereafter will be dealt with in accordance with the previous work permit renewal regulations.
– What is the background of this action?
Prior to 2019, EAD cards were usually approved within three months of application. However, due to the lack of staff at USCIS and the impact of COVID-19, the review period has been extended, and the current review time is well over a year.
– What were the related regulations before this temporary measure came out?
According to the regulations related to work permits that have been in force since January 2017, if the EAD card is still valid and if you apply for an EAD extension in the same case as when you applied for the first time, your EAD card will be valid until 180 days after the expiration of the EAD while your EAD card application is pending. It was automatically extended. This rule was applied to cases of family employment permanent residence applications, refugees, asylum, deportation exemptions, and domestic violence victims’ cases.
– What is the validity period of the EAD card being issued?
The current EAD card is valid for 2 years. After June 2021, USCIS has issued EADs with a validity of two years for all EADs of permanent residency applicants in the United States. Before that, only the I-485 application case where the immigrant visa door did not open was issued an EAD card with a validity period of two years. However, since the middle of last year, EAD cards with a validity of two years have been issued to all I-485 applicants for work permit cases. Since February, refugee, asylum, deportation suspension applicants, and domestic violence victims’ petitioners have also been issuing EAD cards with a validity of two years.
-Does the spouse of investment or trade status holders (E-1 and E-2) or spouses of expatriate status holders (L-2) also must obtain work permits?
Investor status spouses or expatriate spouses do not need to obtain a separate work permit. From February of this year, the regulations have been changed so that there are no restrictions on employment even if they do not have a separate work permit.
– It is said that the ‘combo card’, which combines a work permit and a travel permit, is no longer issued. is it true
USCIS no longer issues combo cards. This is a measure to shorten the work permit examination period. If a work permit is not issued together with a travel permit, the speed of issuing a work permit will be shortened by three to four months, USCIS explains. Therefore, if you are not an H-1 or L status person and their accompanying family members, if you travel abroad without a travel permit, your application for permanent residence will be rejected.