Dec. 10—Federal officials announced Tuesday that they are permanently increasing the amount of time immigrants and asylum seekers have to renew their work permits by granting longer extension periods in an effort to increase stability for businesses and employees.
A new rule from the Department of Homeland Security makes permanent a temporary rule that was first put in place in 2022 in response to processing delays. The rule increases the automatic extension period for work permits from up to 180 days to 540 days for eligible noncitizens who file timely renewal requests.
“Since January 2021, the American economy has created more than 16 million jobs, and the Department of Homeland Security is committed to helping businesses fill them,” said Secretary of Homeland Security Alejandro Mayorkas in a written statement.
“Increasing the automatic extension period for certain employment authorization documents will help eliminate red tape that burdens employers, ensure hundreds of thousands of individuals eligible for employment can continue to contribute to our communities, and further strengthen our nation’s robust economy.”
The department said the new rule came in response to feedback from businesses that were seeking greater certainty for the employers and their employees. It also comes after Sen. Angus King, Rep. Chellie Pingree and Gov. Janet Mills wrote to the department last week asking for the 540-day extension period to be made permanent.
In a joint written statement Tuesday, King, Pingree and Mills thanked the department and the Biden administration for making the change.
“This is great news — not only for new Mainers and their families, but also for the many businesses that rely on this skilled workforce and for the communities they help enrich,” they said.
Members of Maine’s congressional delegation and the governor have in recent years emphasized the need to reform the work permit process in response to an influx of asylum seekers who have often relied on the state and local communities for help with housing and basic needs while they are unable to legally work. And they said Tuesday there is still more work to do.
“We remain committed to working with the administration and our colleagues in Congress to advance comprehensive immigration reforms that reflect our values, strengthen our economy, and meet the needs of Maine’s communities,” King, Pingree and Mills said.
Current regulations require asylum seekers to wait 150 days after filing an asylum application before applying for work authorization, which can be granted no sooner than 180 days after filing the asylum claim, though the process can often take much longer. Work permits need to be renewed every five years.
U.S. Citizenship and Immigration Services, an agency of the department, has been working for years to reduce work permit processing times.
From 2022 to 2023, USCIS reduced its backlog for work permits from 6.8 months worth of pending cases to 4.6, though it was still short of its goal of processing work permits on a three-month cycle, according to data from the agency.
The Asylum Seeker Advocacy Project, a New York-based nonprofit, cheered the new rule Tuesday, saying it will help hundreds of thousands of immigrants — asylum seekers, refugees, green card applicants and others — who were at risk of falling out of the workforce because of processing delays.
“With this final rule, DHS has ensured that (our) members and other immigrants will not fall out of the workforce because of work permit processing backlogs,” said Conchita Cruz, co-executive director for the project, in a written statement.
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