A group of 70 congressional Democrats are urging the U.S. Department of Homeland Security (DHS) to eliminate the immigrant employment authorization backlog prior to the end of President Biden’s term. They suggest DHS provide additional resources and streamline the adjudication process. The group identifies 1.4 million employment authorization applications, or EADs, awaiting processing, despite previous efforts to address the backlog.

EADs give noncitizens, including asylum seekers and refugees, the ability to work temporarily in the U.S. EADs are subject to renewal processes. USCIS estimates the EAD processing workload could double the 2022 submissions by fiscal year 2025.

The Biden administration has enacted efforts to ease the backlog, including extending validity periods for qualifying individuals and offering an online filing option for some. The automatic extension period from 180 days to 540 days for expiring work permits is set to expire in October 2025. The lawmakers claim more needs to be done prior to that time.

The group points to a record $34 million identified for USCIS to address the backlog in fiscal 2024. They go on to suggest the funds should be used on technology enhancements and additional staff. Staffing could include hiring more individuals, contractors, or approving overtime. Further, the group encourages USCIS to consider the automatic extension period to two years and include renewal applications not submitted prior to their EAD expiration date. Several other suggestions are made.

If you have questions about the immigrant employment authorization backlog or any U.S. immigration related issue, contact us. Our clients work directly with an experienced attorney to ensure they get the right advice for their particular situation. We take great pride in supporting our clients through their immigration journey.

EAD Employment Authorization